Agenda packet, first session — Berkeley City Council, March 21, 2023 (part 1 of 3)

Tuesday, March 21, 2023 REVISED AGENDA Page 1

R E V I S E D AG E N D A
( A D D E D C O N T I N U E D I T EM S F R O M M A R C H 1 4 , 2 0 2 3)

BERKELEY CITY COUNCIL MEETING
Tuesday, March 21, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in -person attendance and virtual participation . For in- person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person.

Live captioned broadcasts of Council Meetings are available on Cable B -TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this UR L https://cityofberkeley- info.zoomgov.com/j/1604192052. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1 -833-568-8864 (Toll Free) and enter Meeting ID: 160 419 2052. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

To submit a written communication for the City Council’s consideration and inclusion in the public record , email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981 -6900. The City C ouncil may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

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Tuesday, March 21, 2023 REVISED AGENDA Page 2
Preliminary Matters
Roll Call:

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on the Council agenda. If five or fewer persons wish to speak, each person selected will be allotted two minutes each. If more than five persons wish to speak, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. Persons attending the meeting in-person and wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.

Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

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Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

Additional information regarding public comment by City of Berkeley employees and in terns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.

Consent Calendar – Continued Business

A. Amendments to COVID-19 Emergency Response Ordinance, BMC Chapter

13.110 (Continued from March 14, 2023)
From: Mayor Arreguin (Author), Councilmember Hahn (Author) Recommendation: Adopt second reading of Ordinance No. 7,855-N.S. amending Berkeley Municipal Code (BMC) Chapter 13.110, the COVID-19 Emergency Response Ordinance to suspend the application of the ordinance to commercial property, permit lawful owner move-in evictions, and establish a Transition Period during which time specified evictions would be prohibited.

First Reading Vote: All Ayes.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100

B. Amendments to Berkeley Election Reform Act Cost of Living Adjustment Provisions (Continued from March 14, 2023)
From: Fair Campaign Practices Commission
Recommendation: Adopt second reading of Ordinance No. 7,857-N.S. amending the Berkeley Election Reform Act (BMC Chapter 2.12) to (1) clarify that cost of living adjustments for the $250 campaign contribution limit to be performed in every odd- numbered year shall be rounded to the nearest ten dollars ($10), and (2) providing that all cost of living adjustments required by BERA be performed by March instead of January of each odd-numbered year to coincide with the availability of necessary data.

First Reading Vote: All Ayes.

Financial Implications: None
Contact: Sam Harvey, Commission Secretary, (510) 981-6950

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Consent Calendar

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1. Resolution Reviewing and Ratifying the Proclamation of Local Emergency Due to the Spread of a Severe Acute Respiratory Illness Caused by a Novel (New) Coronavirus (COVID-19)
From: City Manager
Recommendation: Adopt a Resolution reviewing the need for continuing the local emergency due to the spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19) and ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services on March 3, 2020, initially ratified by the City Council on March 10, 2020, and subsequently reviewed and ratified by the Council on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, May 10, 2022, June 28, 2022, July 26, 2022, September 20, 2022, November 3, 2022, December 13, 2022, and January 31, 2023.

Financial Implications: To be determined.

Contact: Farimah Brown, City Attorney, (510) 981-6950

2. Designate the Line of Succession for the Director of Emergency Services From: City Manager
Recommendation: Adopt a Resolution approving the designated line of succession to the position of Director of Emergency Services in the event of an emergency, and rescinding Resolution No. 70,406-N.S.

Financial Implications: None
Contact: Dee Williams-Ridley, City Manager, (510) 981-7000

3. Grant Application: Funding from the Federal Emergency Management Agency (FEMA) to expand a NFPA 1582/1583 compliant employee Wellness, Fitness and Human Performance Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from the Federal Emergency Management Agency (FEMA) for up to $840,000 with a 10% or $84,000 in matching city funds to expand a National Fire Protection Association (NFPA) 1582/1583 compliant employee Wellness, Fitness and Human Performance Program.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

4. Contract No. 32200156 Amendment: Options Recovery Services for Community Crisis Response Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32200156 with Options Recovery Services (Options) to add $561,917.11 and extend the term of the Community Crisis Response Services to December 31, 2023 with a not to exceed amount of $1,201,917.11.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Rev - Page 4
Consent Calendar

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5. Contract No. 32200147 Amendment: Women’s Daytime Drop-In Center for Community Crisis Response Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32200147 with Women’s Daytime Drop-In Center (WDDC) to add $75,600 and extend the term of the Community Crisis Response Services to December 31, 2023 with a not to exceed amount of $195,600.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

6. Contract No. 32300025 Amendment: Non-Profit Intelligence Partners for Flexible Funding program services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32300025 with Non-Profit Intelligence Partners (NPI) to provide Flexible Funding program services through June 30, 2024 in an amount not to exceed $350,000. This will extend the existing contract by one year and add $300,000 in funding.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

7. Revenue Agreements: California Department of Public Health Childhood Lead Poisoning Prevention and CalFresh Grants
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager or her designee to submit grant agreements to the State of California, California Department of Public Health (CDPH), to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the following two revenue agreements:

1. CDPH: Childhood Lead Poisoning Prevention Program (CLPPP), in the projected total 3-year amount of $383,455 for FY 2024, FY 2025, and FY 2026.

2. CDPH: CalFresh Healthy Living Program (CalFresh), in the projected amount of $162,390 each year in FFY 2024, FFY 2025, FFY 2026, for a projected total 3-year amount of $487,170.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

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Consent Calendar

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8. Funding Recommendation and Joint Homekey Application for the University Inn at 1461 University
From: City Manager
Recommendation: Adopt three resolutions approving the following actions in support of a Homekey program funding allocation by:

1. Reserving up to $8,500,000 in General Funds received pursuant to Measure P for the University Inn permanent supportive housing project at 1461 University Avenue as proposed by a partnership between Memar Properties (Memar) and Housing Consortium of the East Bay (HCEB).

2. Reserving up to $1,000,000 in General Funds received pursuant to Measure P for Memar and HCEB to operate the University Inn as an emergency shelter prior to permanent housing conversion.

3. Authorizing the City Manager or her designee to prepare and submit a joint application together with Memar and HCEB for the State of California Housing and Community Development (HCD) Department’s Homekey program for the University Inn permanent supportive housing project. And, further authorizing the City Manager or her designee to include the issuance date of the Notice of Funding Availability, once available, in the resolution.

4. Authorizing the City Manager or her designee to take actions needed for the City’s participation in HCD’s Homekey program, including entering into HCD’s Standard Agreement and any amendments.

5. Authorizing the City Manager or her designee to execute all original or amended documents or agreements to effectuate these actions.

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

9. Amending the Program Year 2021 (PY2021) Annual Action Plan to Accept HOME-American Rescue Plan Funds
From: City Manager
Recommendation: Adopt a Resolution:

1. Amending the PY2021 Annual Action Plan to expend HUD’s allocation of HOME Investment Partnerships Program – American Rescue Plan (HOME-ARP) funds to the City of Berkeley, totaling $2,735,696, upon HUD’s acceptance of the City’s Allocation Plan.

2. Allocating up to the allowable 15% ($410,354) of the HOME-ARP funds for administration and planning, up to the allowable 5% ($136,785) for nonprofit capacity building, and the remaining 80% ($2,188,557) to supportive services for the qualifying populations. If the HOME-ARP award amount is modified, the same formulas will be applied for allocating funds.

3. Authorizing the City Manager or her designee to submit the approved PY2021 Annual Action Plan Substantial Amendment to HUD, and accept any resulting agreements, and amendments thereto with HUD.

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

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Consent Calendar

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10. Salary Range Adjustments: Senior Behavioral Health Clinician, Mental Health Clinical Supervisor, Mental Health Program Supervisor, Assistant Manager of Mental Health Division, and Manager of Mental Health Division From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 69,997-N.S.

Salary Resolution for Public Employees Union – Local 1 to increase the top step salary of the Senior Behavioral Health Clinician by 0.83%; Mental Health Clinical Supervisor by 4.18%; Mental Health Program Supervisor by 7.33%; Assistant Manager of Mental Health Division by 7.33%; and Manager of Mental Health Division by 1.20%, effective January 14, 2023.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

11. Salary Range Adjustments: Deputy City Manager and Employee Relations Manager Classifications
From: City Manager
Recommendation: Adopt a Resolution to amend Resolution No. 69,998-N.S.

Classification and Salary Resolution for classifications in Representation Unit Z-1 (Confidential and Executive Management Employees) to increase the top step salary of the Deputy City Manager classification from $277,840.99 to $291,733.04, and the Employee Relations Manager classification from $175,026.38 to $180,065.60 effective January 14, 2023.

This Resolution follows Council consideration of this item in Closed Session on December 12, 2022.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

12. Contract: TEROCONS INC. for Aquatic Park Paddling and Rowing Club Parking Lot Improvements Project
From: City Manager
Recommendation: Adopt a Resolution:

1. Approving the plans and specifications for the Aquatic Park Paddling and Rowing Club Parking Lot Improvements Project; and

2. Accepting the bid of the lowest responsive and responsible bidder, TEROCONS INC.; and

3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, with TEROCONS INC., for the Aquatic Park Paddling and Rowing Club Parking Lot Improvements Project at 2851 West Bolivar Drive, Berkeley, CA 94710, in an amount not to exceed $260,312.50 which includes a contract amount of $208,250.00 and a 25% contingency in the amount of $52,062.50.

Financial Implications: Parks Tax Fund - $260,312.50
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

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Consent Calendar

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13. Grant Funding Application for SolarAPP+ integration From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to submit a grant application in the amount of $80,000 to The California Energy Commission, to receive technical assistance to integrate the SolarAPP+ web software to the City of Berkeley Permit Service Center operations, and to accept grant funds and execute a resulting grant agreement.

Financial Implications: See report.

Contact: Jordan Klein, Planning and Development, (510) 981-7400

14. Contract No. 32100192 Amendment: California Constructores for Sidewalk Repairs FY 2020 Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32100192 with California Constructores, increasing the contract amount by $200,000 for a total not-to-exceed amount of $2,375,900.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300

15. Contract: JV Lucas Paving, Inc. for Street Rehabilitation FY 2023 Project From: City Manager
Recommendation: Adopt a Resolution: 1) approving plans and specifications for the Street Rehabilitation FY 2023 Project, Specification No. 23-11558-C; and 2) accepting the bid of the lowest responsive and responsible bidder, JV Lucas Paving, Inc. and 3) authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project, in accordance with the approved plans and specifications in an amount not to exceed $10,203,711.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300

16. Purchase Order: Pape Machinery, Inc. for One John Deere 320P Backhoe Loader
From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City Manager to participate in Sourcewell bid procedures and authorizing the City Manager to execute a purchase order for one (1) 2023 John Deere 320P Backhoe Loader with Pape Machinery, Inc. in an amount not to exceed $215,000.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

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Consent Calendar

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17. Purchase Order: Nicholas K Corp dba the Ford Store San Leandro for Eight Ford Interceptor Hybrid Utility Vehicles
From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City Manager to participate in Alameda County bid procedures and authorize the City Manager to execute a purchase order for eight (8) Ford Interceptor Utility Hybrid vehicles with Nicholas K Corp dba the Ford Store San Leandro in an amount not to exceed $496,454.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300

18. Referral Response: Grant Program for Retaining and Improving Creative Spaces
From: Civic Arts Commission
Recommendation: Referral to the FY 2024 Budget Process an annual allocation of $300,000 for funding the Civic Arts program to administer an annual Capital Projects Grant Program for Berkeley-based nonprofit arts and cultural organizations in order to retain and sustain the vitality of Berkeley’s arts sector though real estate and capital project support.

Financial Implications: See report
Contact: Jennifer Lovvorn, Commission Secretary, (510) 981-7530

Council Consent Items

19. Budget Referral: Post COVID-19 Rental Assistance/Anti-Displacement From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Robinson (Co- Sponsor)
Recommendation: Refer $2,000,000 to the FY 2024/June Budget Process to augment the Housing Retention Program, (administered by the Eviction Defense Center, EDC) as part of the City’s anti-displacement programs (launched in 2017), for the purpose of providing rental assistance to tenants due to the COVID-19 eviction moratorium expiration and rent debt due to inflation and rental increases.

The proposed funding source is FY 2023-2024 Measure P tax receipts.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100

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Council Consent Items
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20. City Co-Sponsorship of Bioneers Conference and Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Wengraf (Co-Sponsor)
Recommendation: Adopt a resolution memorializing City of Berkeley co- sponsorship of the non-profit Bioneers Conference, to be held April 6-8, 2023 and approving the expenditure of an amount not to exceed $250 per Councilmember including $250 from Mayor Arreguin, to the Berkeley Chamber of Commerce to offset permit costs, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin and any other Councilmembers who would like to contribute.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100

21. Budget Referral - Speed Feedback Signs for Arlington Avenue From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor), Councilmember Wengraf (Co-Sponsor)
Recommendation: In support of the City’s Vision Zero Action Plan and Pedestrian Plan goals, refer to the Fiscal Year 2024 Budget Process an allocation of $40,000 for two Speed Feedback Signs on Arlington Avenue between The Circle and Mendocino Avenue, to encourage slower speeds on a stretch with numerous hidden and mid- block crosswalks.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

22. Pedestrian Safety Upgrades for Arlington Avenue
From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor), Councilmember Wengraf (Co-Sponsor)
Recommendation: In support of the City’s Vision Zero Action Plan and Pedestrian Plan goals, refer to the Fiscal Year 2024 Budget Process an allocation of $35,000 for traffic control measures on Arlington Avenue from The Circle to Mendocino Avenue, to enhance pedestrian safety at hidden crosswalks and where paths cross mid-block, and refresh painted markings that narrow lanes and encourage reduced speeds.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

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Council Consent Items
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23. 2023 Virtual Holocaust Remembrance Day Program: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds From: Councilmember Wengraf (Author), Councilmember Hahn (Author) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 each from Councilmember Wengraf and Councilmember Hahn, to support the City’s Annual Holocaust Remembrance Day program with funds relinquished to the City’s general fund. The relinquishment of funds from Councilmember Wengraf’s and Hahn’s discretionary Council Office Budgets and all other Councilmembers who would like to contribute, allows the City of Berkeley to invite the community to the City’s 20th Annual Holocaust Remembrance Day virtual program, created by the community with City Council support. This year’s program will be held virtually on April 16th, 2023 from 2:00 – 3:00 PM. Register via Eventbrite to attend.

Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

24. Proclamation in Honor of City of Berkeley Holocaust Remembrance Day From: Councilmember Wengraf (Author), Councilmember Hahn (Author), Mayor Arreguin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) Recommendation: Adopt the Holocaust Remembrance Day Proclamation for the City of Berkeley’s 20th Annual Holocaust Remembrance Day. The program will take place virtually on Sunday, April 16th from 2:00 - 3:00 PM.

Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

25. Referral: On-Street Secure Bike Storage
From: Councilmember Robinson (Author), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Taplin (Co-Sponsor) Recommendation: Refer to the City Manager to develop and return to Council with a plan to create on-street secure bike parking in multi-family residential and commercial districts across the City in parking spots previously reserved for car storage. Take associated actions, including:

1. Determining recommended locations for installation that take into consideration factors such as equity priority neighborhoods; transit connections; bicycle network connections; areas with high percentages of tenants; access to destinations such as schools, community centers, employment centers, and businesses; and public input.

2. Developing and issuing a Request for Proposal for an operator to install and maintain on-street bike lockers, including lockers that can accommodate bikes of varying shapes and sizes.

3. Pursuing available grant opportunities to fund initial costs and ongoing maintenance.

Financial Implications: See report
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

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Action Calendar
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The public may comment on each item listed on the agenda for action as the item is taken up. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action items may be reordered at the discretion of the Chair with the consent of Council.

Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. This is followed by five-minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to be recognized an d to determine the number of persons interested in speaking at that time.

Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to o ne minute per speaker.

Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

26. Implement Residential Preferential Parking (RPP) Program on the 1600 Block of Fifth Street
From: City Manager
Recommendation: Conduct a public hearing and upon its conclusion, adopt a Resolution amending Resolution No. 56,508-N.S. Section 25P by adding a subsection to implement Residential Preferential Parking (RPP) on the east side of the 1600 block of Fifth Street in Area P.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300

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Action Calendar – New Business
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27. Berkeley Transit-First Policy Implementation Plan
From: City Manager
Recommendation: 1. Adopt a Resolution approving the Berkeley Transit-First Policy Implementation Plan and authorizing the City Manager to pursue implementation of the Plan as funding and staffing permit; and

2. Appoint two members and one alternate to serve on the Inter-Agency Liaison Committee (ILC) between the City of Berkeley and AC Transit to discuss transit- related matters on a quarterly schedule.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

Council Action Items

28. Adopt Ordinance Adding Chapter 2.102 to the Berkeley Municipal Code to Establish a Labor Peace Policy Minimizing Labor/Management Conflict in Berkeley Marina Zone
From: Councilmember Harrison (Author), Mayor Arreguin (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) Recommendation: Adopt Ordinance Adding Chapter 2.102 to the Berkeley Municipal Code (BMC) to Establish a Labor Peace Policy minimizing labor/management conflict in Berkeley Marina Zone.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

Information Reports

29. Fiscal Year 2023 Mid-Year Budget Update
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000; Henry Oyekanmi, Finance, (510) 981-7300

30. LPO NOD: 1581 Le Roy Avenue/#LMSAP2022-0009
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

31. LPO NOD: 1325 Arch Street/#LMSAP2022-0013
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

32. LPO NOD: 1911 Fourth Street /#LMSAP2022-0014
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

33. 2022 Disaster and Fire Safety Commission Work Plan
From: Disaster and Fire Safety Commission
Contact: Keith May, Commission Secretary, (510) 981-3473 Rev - Page 13

Tuesday, March 21, 2023 REVISED AGENDA Page 14
Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a u se permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90 -day period will be barred. 2) In any lawsuit that may be filed against a City Coun cil decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.

Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S . Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at https://berkeleyca.gov/.

Agendas and agenda reports may be accessed via the Internet at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be read at reference desks at the following locations:

City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]

Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (510) 981-6418 (V) or (510) 981-6347 (TDD) at least three business days before the meeting date.

Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.

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Tuesday, March 21, 2023 REVISED AGENDA Page 15
Captioning services are provided at the meeting, on B -TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the mee ting, and are to be returned before the end of the meeting.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walk way in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on March 16, 2023.

Mark Numainville, City Clerk

Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Hopkins Corridor

1. Jim Offel

2. Dan Leaverton

3. Wilbur Ressler

4. Anna Muessig

5. Susan Brooks

6. Bob Flasher

BART Development

7. Jack Kurzweil

8. Dan Leaverton

9. Heath Maddox

10. Carol Gross

11. Phyllis Orrick

12. Mary Dorst

13. Kok Loong Lye

14. Kim Klein

Eviction Moratorium

15. Teri Gerritz

16. Rose Hughes

Crime

17. Seema Burke

18. Kimberly Damer

19. Taline T

20. Klara Budai

910 Indian Rock
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Tuesday, March 21, 2023 REVISED AGENDA Page 16

21. Berkeley Architectural Heritage Association

Bird Safe Ordinance

22. Jan Ruchlis

23. Kelly Hammargren

24. Juliet Lamont

25. Sally Nelson

Civic Center Vision Plan

26. Wendy Alfsen

27. Lorraine and Jack Scanlin
Berkeley Asphalt Operations

28. Pear Michaels

Council Meetings – Hybrid and In-Person

29. generalmint@

Viewpoint of City Manager

30. Diana Bohn

Disabilities

31. Gregory Kalkanis

3rd Party Delivery System

32. Terri Nevins

33. Eric Wright

Golden Bear Housing Safety Assessment

34. Meryl Siegal

Harriet Tubman Apartment Issues

35. Darinxoso Oyamasela

36. Brandi Hutchinson

37. Cassandra Palanza

Homelessness/Encampments/Winter Shelter

38. Paul Eriksen

39. Moni Law

40. Paul Kealoha Blake

41. Carol Corradi

42. City Manager Dee Williams-Ridley

COVID/Masking

43. Moni Law

44. Ms. Omowale Fowles

45. Eric Friedman
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Tuesday, March 21, 2023 REVISED AGENDA Page 17

46. Isabell Gaston

In Memory of Judy Heumann

47. Michai Freeman

48. Councilmember Bartlett

Turtle Island Monument

49. John Caner, Convener for Community for a Cultural Civic Center

50. George Petty

URL’s Only

51. Vivian Warkentin (2)
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.

• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.

• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.

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Ordinance No. 7,855-N.S. Page 1 of 8
ORDINANCE NO. 7,855-N.S.

ORDINANCE AMENDING CHAPTER 13.110 OF THE BERKELEY MUNICIPAL CODE, THE COVID-19 EMERGENCY RESPONSE ORDINANCE
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Chapter 13.110 is hereby amended to read as follows:

Chapter 13.110
COVID-19 EMERGENCY RESPONSE ORDINANCE
Sections:

13.110.010 Findings and Purpose

13.110.020 Prohibited Conduct

13.110.030 Definitions

13.110.040 Collection of Back Rent and Late Fees

13.110.050 Application

13. 110.060 Implementing Regulations

13.110.070 Waiver

13.110.080 Remedies

13.110.090 Severability

13.110.100 Liberal Construction

13.110.010 Findings and Purposes
International, national, state and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named "SARS-CoV-2." and the disease it causes has been named "coronavirus disease 2019," abbreviated COVID-19, ("COVID-19"). In response to this emergency, on March 3, 2020, the City Manager acting as the Director of Emergency Services declared a local State of Emergency based on COVID-19 (hereinafter referred to as "the Local Emergency"), which the City Council subsequently ratified on March 10, 2020. On April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, May 10, 2022, June 28, 2022, and July 26, 2022, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, May 10, 2022, June 28, 2022, July 26, 2022, September 20, 2022, November 3, 2022, December 13, 2022, and January 31, 2023, the council ratified an extension of the local emergency. In addition, on March 4, 2020, the Governor declared a state of emergency in California and the President of the United States declared a national state of emergency on March 13, 2020 regarding the novel coronavirus and COVID-19.

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Ordinance No. 7,855-N.S. Page 2 of 8
On March 16, 2020, the City of Berkeley Public Health Officer, along with several other neighboring jurisdictions issued a Shelter in Place Order directing all individuals living in the City of Berkeley to shelter at their place of residence except that they may leave to provide or receive certain essential services or engage in certain essential activities, and prohibiting non-essential gatherings and ordering cessation of non-essential travel. On March 31, 2020 this Shelter in Place Order was extended to May 3, 2020, and restricted activities further.

Furthermore, on March 16, 2020, the Governor issued Executive Order N-28-20, specifically authorizing local governments to halt evictions for commercial tenants, residential tenants, and homeowners who have been affected by COVID-19, emphasizing that the economic impacts of COVID-19 have been significant and could threaten to undermine housing security as many people are experiencing material income loss as a result of business closures, the loss of hours or wages or layoffs related to COVID-19, hindering their ability to keep up with rents, mortgages and utility bills.

The Order also stated that because homelessness can exacerbate vulnerability to COVID-19, Californians must take measures to preserve and increase housing security for Californians to protect public health and specifically stated that local jurisdictions may take measures to promote housing security beyond what the state law would otherwise allow.

On April 21, 2020, Alameda County enacted an urgency ordinance prohibiting eviction for any reason other than withdrawal of rental property under the Ellis Act or court-ordered eviction for public safety. Although the Alameda County ordinance does not have effect within the incorporated area of Berkeley, it is desirable to ensure that Berkeley residents have at least the same level of protection as the residents of unincorporated Alameda County.

During this State of Emergency and during the transition period thereafter, and in the interests of protecting the public health and preventing transmission of the COVID-19, it is essential to avoid unnecessary displacement and homelessness. It is the intent of this Ordinance to fully implement the suspension of the statutory bases for eviction for nonpayment of rent and for default in the payment of a mortgage as authorized by Executive Order N-28-20.

While COVID-19 remains prevalent in the community, the City has made significant progress in addressing the impacts of COVID-19, including a reduction in the rates of hospitalization and death, as well as a citywide vaccination rate of at least ninety-four percent (94%).

Governor Gavin Newsom has also announced that the statewide COVID-19 State of Emergency will end on February 28, 2023. President Joe Biden has announced that the nationwide COVID-19 State of Emergency will end on May 11, 2023.

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Ordinance No. 7,855-N.S. Page 3 of 8
Based on the current conditions in the City of Berkeley related to COVID-19, and to stay consistent with state actions, the City Manager has recommended that the City Council terminate the local emergency.

The effect of this chapter suspending the statutory basis for eviction due to non- payment of rent remains in effect throughout the Covered Period, which concludes on the expiration of the local emergency. BMC Section 13.110.030.A allows the City Council to extend the duration of the Covered Period by resolution.

This ordinance makes further amendments to Chapter 13.110 to permit lawful owner- move in evictions pursuant to BMC Section 13.76.130.A.9 and to establish a Transition Period until August 31, 2023, during which time specified evictions would be allowed to take place.

13.110.020 Prohibited Conduct
A. During the Covered Period, no Landlord or Lender shall evict or attempt to evict a Resident of residential real property, or otherwise require a residential Tenant to vacate, unless necessary to stop an imminent threat to the health and safety of other occupants.

For purposes of this Ordinance, the basis for an exception to this Ordinance cannot be the Resident’s COVID-19 illness or exposure to COVID-19, whether actual or suspected.

B. Residential Eviction Moratorium. It shall be a complete defense to any action for unlawful detainer that the notice upon which the action is based was served or expired, or that the complaint was filed or served, during the Covered Period, except that a Landlord may serve a lawful notice pursuant to Section 13.76.130.A.9. after March 1, 2023, and such notice may form the basis of an unlawful detainer complaint beginning May 1, 2023
C. During the Transition Period, no Landlord or Lender shall evict or attempt to evict a Resident of residential real property, or otherwise require a residential Tenant to vacate unless at least one of the following conditions is met:

1. Recovery of possession of real property is necessary to stop an imminent threat to the health and safety of other occupants; or

2. Owner Move-in Eviction. The Landlord seeks to recover possession of a residential unit for their own use and occupancy as their principal residence and the Landlord fully complies with all “Owner Move-in Eviction” requirements set forth in Berkeley Municipal Code section 13.76.130.A.9. However, a Landlord may not recover possession of any residential unit in this manner unless the Landlord owns only one residential property in the City of Berkeley. Notice for this exclusive reason may be served beginning March 1, 2023 and may be the basis for an unlawful detainer complaint beginning May 1, 2023.; or

3. The Landlord or Lender seeks to recover possession of real property following the tenant’s default in payment of rent that came due after the expiration of the Covered Period and for which tenant did not provide to the Landlord or Lender documentation establishing a Covered Reason for Delayed Payment as set forth in Berkeley Municipal Code section 13.110.040.C. Any notice to terminate tenancy served pursuant to this

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Ordinance No. 7,855-N.S. Page 4 of 8
section must inform the tenant of their rights to submit documentation establishing a Covered Reason for Delayed Payment as set forth in Berkeley Municipal Code section

13.110.040.C. Notwithstanding any other notice requirements identified in Berkeley Municipal Code section 13.110.040.C, a tenant who asserts a Covered Reason for Delayed Payment during the Transition Period shall provide landlord all required documentation prior to the expiration of the notice to terminate tenancy.

D. For the duration of the Covered Period, if a residential tenant has a Covered Reason for Delayed Payment, the tenant may terminate a lease or rental agreement with 30 day notice without penalty. A tenant may also exercise rights under this subsection if the tenants or roommates of the tenants are or were registered at an educational institution that cancelled or limited in-person classes due to the COVID-19 pandemic.

13.110.030 Definitions
A. “Covered Period” means the period of time beginning with March 17, 2020 and concluding at the end of April 30, 2023.

B. “Transition Period” means the period of time beginning with May 1, 2023 and ending on August 31, 2023.

C. "Covered Reason for Delayed Payment" means:
(1) The basis for the eviction is nonpayment of rent, arising out of a material decrease in household, business, or other rental unit occupant(s)’s income (including, but not limited to, a material decrease in household income caused by layoffs or a reduction in the number of compensable hours of work, or to caregiving responsibilities, or a material decrease in business income caused by a reduction in opening hours or consumer demand), or material out-of-pocket medical expenses, or a reduction in the number of tenants living in the unit (including due to difficulty finding new tenants and/or subtenants willing and able to cover a sufficient share of rent) which reduces the ability of the remaining tenants to pay rent, or a rent increase that exceeds the Annual General Adjustment for the current year; and
(2) The decrease in household, business, or other rental unit occupant’s income or the expenses or reduction in number of tenants described in subparagraph (1) was caused by the impacts of COVID-19 pandemic, or by any local, state, or federal government response to COVID-19.

D. “Delayed Rent Payment Agreement” means a mutual agreement between a landlord and tenant regarding the timing and amount of payments for rent that is delayed by a Covered Reason for Delayed Payment.

E. “Homeowner” means the owner or owners of a Residential Unit subject to a mortgage or similar loan secured by the residential unit. “Homeowner” is limited to owners who reside in the unit and includes the individuals residing in the unit with the homeowner.

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Ordinance No. 7,855-N.S. Page 5 of 8
F. "Landlord" includes owners, lessors, or sublessors of either residential rental property, and the agent, representative, or successor of any of the foregoing.

G. "Lender” means the mortgagee of a purchase money or similar mortgage, or the holder or beneficiary of a loan secured by one or more units, which person has the right to mortgage or similar payments from the owner as mortgagor, including a loan servicer, and the agent, representative, or successor of any of the foregoing.

H. “Resident” means a Tenant, Homeowner, or their household.

I. "Tenant" includes a tenant, subtenant, lessee, sublessee, lodger or any other person entitled by written or oral rental agreement to use or occupancy of residential property. “Tenant” includes a former trustor or homeowner who has lost title the real property in which they reside after a Trustee’s sale.

13.110.040 Collection of Back Rent and Late Fees
A. Nothing in this Chapter shall relieve the tenant of liability for unpaid rent, which the landlord may seek after expiration of the Covered Period, or after the Transition Period if the tenant establishes a Covered Reason for Delayed Payment. . Notwithstanding any lease provision to the contrary, a landlord may not charge or collect a late fee, fine, or interest for rent that is delayed by a Covered Reason for Delayed Payment. Landlords are encouraged to work with local agencies that will be making rental assistance available for qualifying tenants.

1. For rent accrued through January 31, 2021, Tenants shall have until March 31, 2022, or the date adopted by state law, as applicable, to pay rent that was delayed by a Covered Reason for Delayed Payment unless the landlord and tenant come to a mutual repayment agreement ("Delayed Rent Payment Agreement").

2. For rent accrued beginning February 1, 2021, Tenants shall have until July 31, 2023, to pay rent that was delayed by a Covered Reason for Delayed Payment, or the period of time adopted by state law, as applicable, unless the landlord and tenant come to a mutual repayment agreement ("Delayed Rent Payment Agreement").

3. Notwithstanding any lease provision to the contrary, a landlord may not charge or collect a late fee, fine, or interest for rent that is delayed by a Covered Reason for Delayed Payment.

C. A Tenant is not required to provide documentation to the Landlord in advance to qualify for the delayed repayment of rent. However, upon the request of a Landlord, a Tenant shall provide such documentation to the Landlord within forty-five (45) days after the request or prior to the expiration of a lawfully drafted and served notice of termination of tenancy, whichever is sooner. A declaration sworn under penalty of perjury shall constitute documentation for the purpose of this requirement.

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Ordinance No. 7,855-N.S. Page 6 of 8
D. Any medical or financial information provided to the landlord shall be held in confidence, and shall not be disclosed to other entities unless such disclosure is permitted or required by the law, or unless the tenant explicitly authorizes the disclosure of the information in writing.

E. Any relief from the City of Berkeley either directly to a property owner on their own application or as a pass through for City relief payments to the tenant shall directly reduce the amount of any rent that was delayed by a Covered Reason for Delayed Payment.

This requirement shall be applied into any Delayed Rent Payment Agreement, regardless of the terms of that agreement.

13.110.050 Application
A. This Chapter applies to eviction notices and unlawful detainer actions based on notices served, filed, or which expire during the Covered Period and Transition Period. It does not apply to commercial leases where the term has expired and the City has issued a permit for the demolition or substantial alteration of the commercial unit, or to units ordered by the City to be vacated for the preservation of public health, including where the City deems necessary to control the spread of COVID-19.

B. Except where expressly required by state law (such as Assembly Bill 3088 or any subsequent statewide COVID-19 relief legislation), a landlord may seek rent accrued during the Covered Period as set forth in Section 13.110.040, but may not file an action pursuant to Code of Civil Procedure sections 1161(2) et seq. or otherwise seek to recover possession of a rental unit based on the failure to pay rent that accrued during the Covered Period. In any action to evict based on alleged nonpayment of rent, it shall be a complete defense to such action if any part of the rent in dispute accrued at any time during the Covered Period, or if the action otherwise demands any fees or amounts contrary to the provisions of this Chapter. A landlord shall not apply any rent payment towards rent that is delayed by a Covered Reason for Delayed Payment before applying it towards any other Rent owed without the explicit written permission of the Tenant.

C. A Landlord or Lender shall not retaliate against a Resident for exercising their rights under this Ordinance, including but not limited to shutting off any utilities reducing services or amenities, refusing to make or delaying repairs to which the Resident would otherwise be entitled, or taking actions which hurt the Resident’s credit rating based on non- payment of rent during the Covered Period as allowed under this ordinance.

D. In addition to the affirmative defenses set forth above, in any action to recover possession of a rental unit filed under Berkeley Municipal Code section 13.76.130(A)(1), it shall be a complete defense that the landlord impeded the tenant’s effort to pay rent by refusing to accept rent paid on behalf of the tenant from a third party, or refusing to provide a W-9 form or other necessary documentation for the tenant to receive rental assistance from a government agency, non-profit organization, or other third party. Acceptance of rental payments made on behalf of the tenant by a third party shall not create a tenancy between the landlord and the third party.

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Ordinance No. 7,855-N.S. Page 7 of 8

13.110.060 Implementing Regulations
The City Manager may promulgate implementing regulations and develop forms to effectuate this Ordinance. This includes the option of requiring Landlords and Lenders to give a notice to Residents informing them of this Chapter and the right to seek the benefits of this Chapter.

13.110.070 Waiver.

A. By entering into a Delayed Rent Payment Agreement, Tenants do not waive any rights under this Chapter.

B. Any agreement by a Tenant to waive any rights under this ordinance shall be void and contrary to public policy.

13.110.080 Remedies
A. In the event of a violation of this Ordinance, any person or entity aggrieved by the violation may institute a civil proceeding for injunctive relief, and money actual damages as specified below, and whatever other relief the court deems appropriate.

1. An award of actual damages may include an award for mental and/or emotional distress and/or suffering. The amount of actual damages awarded to a prevailing plaintiff shall be trebled by the Court outside of the presence, and without the knowledge of, the jury, if any, if a defendant acted in knowing violation of, or in reckless disregard for, the provisions of this Chapter.

2. A defendant shall be liable for additional civil penalties of up to five thousand dollars for each violation of this Chapter committed against a person who is disabled within the meaning of California Government Code section 12926, et seq., or aged sixty-five or over.

3. In addition to the above awards of damages in a civil action under this Chapter, a prevailing plaintiff shall be entitled to an award of reasonable attorney’s fees. A prevailing defendant in a civil action under this Chapter shall only be entitled to an award of attorney’s fees if it is determined by the Court the action was wholly without merit or frivolous.

4. In addition, this Chapter grants a complete defense to eviction in the event that an eviction notice or unlawful detainer action is commenced, filed, or served in violation of this Chapter.

B. The protections provided by this ordinance shall be available to all Residents, regardless of any agreement wherein a Resident waives or purports to waive their rights under this Ordinance, with any such agreement deemed void as contrary to public policy.

C. A. Violations of Section 13.110.020(C) - (Commercial rent restrictions).

1. Violations of Section 13.110.020(C) may be enforced by an administrative fine of up to $1,000 pursuant to Chapter 1.28. Each day a commercial property landlord demands rent

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Ordinance No. 7,855-N.S. Page 8 of 8
in excess of the amount permitted pursuant to Section 13.110.020(C) is a separate violation. The City may also charge the costs of investigating and issuing any notices of violations, and any hearings or appeals of such notices.

2. The City Attorney may refer those violators of Section 13.110.020(C) to the Alameda County District Attorney for redress as a violation of Business and Professions Code section 17200, et seq. or, if granted permission by the District Attorney, may bring an action pursuant to Business and Professions Code section 17200, et seq.

D. Nonexclusive Remedies and Penalties. The remedies provided in this subdivision are not exclusive, and nothing in this Chapter shall preclude any person from seeking any other remedies, penalties or procedures provided by law.

13.110.090 Severability.

If any section, subsection, sentence, clause, phrase, or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter. The Council of the City of Berkeley hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.

13.110.100 Liberal Construction
The provisions of this Chapter shall be liberally construed so as to fully achieve its purpose and provide the greatest possible protections to tenants.

Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on March 14, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Hahn, Harrison, Humbert, Kesarwani, Robinson, Taplin, Wengraf and Arreguin.

Noes: None.

Absent: None.

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Ordinance No. 7,857-N.S. Page 1 of 1
ORDINANCE NO. 7,857-N.S.

AMENDING BERKELEY MUNICIPAL CODE CHAPTER 2.12
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Section 2.12.415 is amended to read as follows:

2.12.415 Persons other than candidate – Maximum permitted amount.

No person other than a candidate shall make and no campaign treasurer shall solicit or accept any contribution which will cause the total amount contributed by such person with respect to a single election in support of or in opposition to such candidate to exceed two hundred fifty dollars ($250). The Commission shall adjust the dollar amount in this Section for cost of living changes pursuant to 2.12.075 in March of every odd-numbered year, or as soon thereafter as practicable. Such adjustments shall be rounded to the nearest ten dollars ($10). For purposes of this section single election is a primary, general, special, runoff or recall election
Section 2. The Berkeley Municipal Code Section 2.12.545 is amended to read as follows:

2.12.545 Cost of living adjustments
The Commission shall adjust the dollar amounts specified in Sections 2.12.167,

2.12.500.A.3, 2.12.505.B and 2.12.530B.3.b for cost of living changes pursuant to Section

2.12.075 in March of every odd-numbered year, or as soon thereafter as practicable, following Council implementation. Such adjustments shall be rounded to the nearest ten dollars ($10) with respect to Sections 2.12.167, 2.12.500.A.3 and 2.12.530.B.3.b and one thousand dollars ($1,000) with respect to Section 2.12.505.B.

At a regular meeting of the Council of the City of Berkeley held on March 14, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Hahn, Harrison, Humbert, Kesarwani, Robinson, Taplin, Wengraf, and Arreguin.

Noes: None.

Absent: None.

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Tuesday, March 21, 2023 AGENDA Page 1

AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, March 21, 2023
6:00 PM

SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

This meeting will be conducted in a hybrid model with both in- person attendance and virtual participation. For in- person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person.

Live captioned broadcasts of Council Meetings are available on Cable B -TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iP ad, iPhone, or Android device: Please use this UR L https://cityofberkeley-
info.zoomgov.com/j/1604192052. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-8 33-568-8864 (Toll Free) and enter Meeting ID: 160 419 2052. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Pl
ease be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981- 6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

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Tuesday, March 21, 2023 AGENDA Page 2
Preliminary Matters
Roll Call:

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000- year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

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Tuesday, March 21, 2023 AGENDA Page 3
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.

Consent Calendar

Financial Implications: To be determined.

Contact: Farimah Brown, City Attorney, (510) 981-6950

Financial Implications: None
Contact: Dee Williams-Ridley, City Manager, (510) 981-7000

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Consent Calendar

Tuesday, March 21, 2023 AGENDA Page 4

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

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Consent Calendar

Tuesday, March 21, 2023 AGENDA Page 5

1. CDPH: Childhood Lead Poisoning Prevention Program (CLPPP), in the projected total 3-year amount of $383,455 for FY 2024, FY 2025, and FY 2026.

2. CDPH: CalFresh Healthy Living Program (CalFresh), in the projected amount of $162,390 each year in FFY 2024, FFY 2025, FFY 2026, for a projected total 3-year amount of $487,170.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

2. Reserving up to $1,000,000 in General Funds received pursuant to Measure P for Memar and HCEB to operate the University Inn as an emergency shelter prior to permanent housing conversion.

5. Authorizing the City Manager or her designee to execute all original or amended documents or agreements to effectuate these actions.

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

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Consent Calendar

Tuesday, March 21, 2023 AGENDA Page 6

9. Amending the Program Year 2021 (PY2021) Annual Action Plan to Accept HOME-American Rescue Plan Funds
From: City Manager
Recommendation: Adopt a Resolution:

3. Authorizing the City Manager or her designee to submit the approved PY2021 Annual Action Plan Substantial Amendment to HUD, and accept any resulting agreements, and amendments thereto with HUD.

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

11. Salary Range Adjustments: Deputy City Manager and Employee Relations Manager Classifications
From: City Manager
Recommendation: Adopt a Resolution to amend Resolution No. 69,998-N.S.

This Resolution follows Council consideration of this item in Closed Session on December 12, 2022.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

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Consent Calendar

Tuesday, March 21, 2023 AGENDA Page 7

12. Contract: TEROCONS INC. for Aquatic Park Paddling and Rowing Club Parking Lot Improvements Project
From: City Manager
Recommendation: Adopt a Resolution:

1. Approving the plans and specifications for the Aquatic Park Paddling and Rowing Club Parking Lot Improvements Project; and

2. Accepting the bid of the lowest responsive and responsible bidder, TEROCONS INC.; and

Financial Implications: Parks Tax Fund - $260,312.50
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

Financial Implications: See report.

Contact: Jordan Klein, Planning and Development, (510) 981-7400

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300

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Consent Calendar

Tuesday, March 21, 2023 AGENDA Page 8

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300

Financial Implications: See report
Contact: Jennifer Lovvorn, Commission Secretary, (510) 981-7530

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Council Consent Items
Tuesday, March 21, 2023 AGENDA Page 9

The proposed funding source is FY 2023-2024 Measure P tax receipts.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

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Council Consent Items
Tuesday, March 21, 2023 AGENDA Page 10

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

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Council Consent Items
Tuesday, March 21, 2023 AGENDA Page 11

2. Developing and issuing a Request for Proposal for an operator to install and maintain on-street bike lockers, including lockers that can accommodate bikes of varying shapes and sizes.

3. Pursuing available grant opportunities to fund initial costs and ongoing maintenance.

Financial Implications: See report
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. This is followed by five -minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to be recognized and to determine the number of persons interested in speaking at that time.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300

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Action Calendar – New Business
Tuesday, March 21, 2023 AGENDA Page 12

2. Appoint two members and one alternate to serve on the Inter-Agency Liaison Committee (ILC) between the City of Berkeley and AC Transit to discuss transit- related matters on a quarterly schedule.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

Council Action Items

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

Information Reports

29. Fiscal Year 2023 Mid-Year Budget Update
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000; Henry Oyekanmi, Finance, (510) 981-7300

30. LPO NOD: 1581 Le Roy Avenue/#LMSAP2022-0009
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

31. LPO NOD: 1325 Arch Street/#LMSAP2022-0013
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

32. LPO NOD: 1911 Fourth Street /#LMSAP2022-0014
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

33. 2022 Disaster and Fire Safety Commission Work Plan
From: Disaster and Fire Safety Commission
Contact: Keith May, Commission Secretary, (510) 981-3473

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Tuesday, March 21, 2023 AGENDA Page 13

Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90- day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.

Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Com
munications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

https://berkeleyca.gov/.

Agendas and agenda reports may be accessed via the Internet at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be read at reference desks at the following locations:

City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]

Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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Tuesday, March 21, 2023 AGENDA Page 14

Captioning services are provided at the meeting, on B -TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building , 2134 Martin Luther King Jr. Way, as well as on the City’s website, on March 9, 2023.

Mark Numainville, City Clerk

Hopkins Corridor

1. Jim Offel

2. Dan Leaverton

3. Wilbur Ressler

4. Anna Muessig

5. Susan Brooks

6. Bob Flasher

BART Development

7. Jack Kurzweil

8. Dan Leaverton

9. Heath Maddox

10. Carol Gross

11. Phyllis Orrick

12. Mary Dorst

13. Kok Loong Lye

14. Kim Klein

Eviction Moratorium

15. Teri Gerritz

16. Rose Hughes

Crime

17. Seema Burke

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Tuesday, March 21, 2023 AGENDA Page 15

18. Kimberly Damer

19. Taline T

20. Klara Budai

910 Indian Rock

21. Berkeley Architectural Heritage Association

Bird Safe Ordinance

22. Jan Ruchlis

23. Kelly Hammargren

24. Juliet Lamont

25. Sally Nelson

Civic Center Vision Plan

26. Wendy Alfsen

27. Lorraine and Jack Scanlin
Berkeley Asphalt Operations

28. Pear Michaels

Council Meetings – Hybrid and In-Person

29. generalmint@

Viewpoint of City Manager

30. Diana Bohn

Disabilities

31. Gregory Kalkanis

3 rd Party Delivery System

32. Terri Nevins

33. Eric Wright

Golden Bear Housing Safety Assessment

34. Meryl Siegal

Harriet Tubman Apartment Issues

35. Darinxoso Oyamasela

36. Brandi Hutchinson

37. Cassandra Palanza

Homelessness/Encampments/Winter Shelter

38. Paul Eriksen

39. Moni Law

40. Paul Kealoha Blake

41. Carol Corradi

42. City Manager Dee Williams-Ridley

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Tuesday, March 21, 2023 AGENDA Page 16

COVID/Masking

43. Moni Law

44. Ms. Omowale Fowles

45. Eric Friedman

46. Isabell Gaston

In Memory of Judy Heumann

47. Michai Freeman

48. Councilmember Bartlett

Turtle Island Monument

49. John Caner, Convener for Community for a Cultural Civic Center

50. George Petty

URL’s Only

• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.

• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.

• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.

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Office of the City Attorney

CONSENT CALENDAR
March 21, 2023
To: Honorable Mayor and Members of the City Council From: Dee Williams-Ridley, City Manager
Submitted by: Farimah Faiz Brown, City Attorney
Subject: Resolution Reviewing and Ratifying the Proclamation of Local Emergency Due to the Spread of a Severe Acute Respiratory Illness Caused by a Novel (New) Coronavirus (COVID-19)

RECOMMENDATION
Adopt a Resolution reviewing the need for continuing the local emergency due to the spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19) and ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services on March 3, 2020, initially ratified by the City Council on March 10, 2020, and subsequently reviewed and ratified by the Council on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, May 10, 2022, June 28, 2022, July 26, 2022, September 20, 2022, November 3, 2022, December 13, 2022, and January 31, 2023.

FISCAL IMPACT OF RECOMMENDATION
To be determined.

CURRENT SITUATION AND ITS EFFECTS
Pursuant to California Government Code section 8630 and Berkeley Municipal Code Chapter 2.88, on March 3, 2020, the City Manager, in her capacity as Director of Emergency Services, proclaimed a local emergency due to conditions of extreme peril to the safety of persons and property within the City as a consequence of the global spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19), including a confirmed case in the City of Berkeley. As a result of multiple confirmed and presumed cases in Alameda County, the County has declared a local health emergency. The Proclamation of Local Emergency empowers the Director of Emergency Services to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such local emergency.

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Pursuant to Government Code section 8630(b) and Berkeley Municipal Code section

2.88.040.A.1, on March 10, 2020, the City Council ratified the Proclamation of Local Emergency with the passage of Resolution No. 69-312.

Pursuant to Government Code section 8630(c), the City Council must review the need for continuing the local emergency at least once every sixty (60) days. The Council last reviewed and ratified the Proclamation of Local Emergency on January 31, 2023. The Council therefore must review the continuing need for the local emergency by April 1, 2023. The Council’s last regular scheduled meeting before April 1, 2023, is on March 21, 2023.

This item requests that the Council review the continued need for the local emergency and again ratify the Proclamation of Local Emergency issued on March 3, 2020, initially ratified by the Council on March 10, 2020, and subsequently reviewed and ratified by the Council on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, May 10, 2022, June 28, 2022, July 26, 2022, September 20, 2022, November 3, 2022, December 13, 2022, and January 31, 2023. If reviewed and ratified on March 21, 2023, the Council will need to again review and ratify the proclamation by May 20, 2023, in order to continue the local emergency.

If at any time the Council determines that the need for continuing the local emergency has ended, state law directs the Council to terminate the local emergency at the earliest possible date that conditions warrant. (Cal. Gov. Code section 8630(d).)

BACKGROUND
On March 1, 2020, Alameda County Public Health Department and Solano County Public Health Department reported two presumptive cases of COVID-19, pending confirmatory testing by the Centers for Disease Control (CDC), prompting Alameda County to declare a local health emergency.

On March 3, 2020, the City’s Director of Emergency Services proclaimed a local emergency due to the spread of COVID-19, including a confirmed case in the City of Berkeley and multiple confirmed and presumed cases in Alameda County.

On March 10, 2020, the City Council ratified the Proclamation of Local Emergency.

Since that date, there have been over 4,955 confirmed cases of COVID-19 and at least 55 deaths in the City of Berkeley.

Since April 2021, the highly transmissible SARS-CoV-2 B.1.617.2 (“Delta”) variant has been detected in the City of Berkeley and is contributing to substantial levels of community transmission.

The City Council has subsequently reviewed and ratified the Proclamation of Local Emergency on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020,

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November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, May 10, 2022, June 28, 2022, July 26, 2022, September 20, 2022, November 3, 2022, December 13, 2022, and January 31, 2023.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Not applicable.

RATIONALE FOR RECOMMENDATION
The Resolution would enable the Director of Emergency Services to continue to efficiently allocate resources due to the ongoing and imminent threat to public safety.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Dee Williams-Ridley, City Manager, City Manager’s Office (510) 981-7000 Farimah Brown, City Attorney, City Attorney’s Office (510) 981-6998 Attachments:
1: Resolution

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RESOLUTION NO. –N.S.

RESOLUTION REVIEWING AND RATIFYING THE PROCLAMATION OF LOCAL

EMERGENCY
WHEREAS, the Emergency Services Act, Government Code sections 8558(c) and 8630 authorize the proclamation of a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist; and WHEREAS, pursuant to Government Code section 8630, such an emergency may be proclaimed by the governing body or by an official designated by ordinance adopted by the governing body; and
WHEREAS, Berkeley Municipal Code section 2.88.040 provides that the City Manager, serving as the Director of Emergency Services, may request that the City Council proclaim the existence of a local emergency; and
WHEREAS, under provision of local law, if the City Council cannot be convened and, in the judgment of the Director of Emergency Services, the circumstances warrant it, a proclamation of local emergency may be issued which must be ratified or nullified by the City Council within seven days of issuance; and
WHEREAS, in accordance with authority granted under the above provisions of state and local law, the Director of Emergency Services beginning on March 3, 2020 did proclaim the existence of a local emergency caused by epidemic in the form of the global spread of a severe acute respiratory illness caused by a novel (new) coronavirus (“COVID-19”), including confirmed cases in California and the San Francisco Bay Area, and presumed cases in Alameda County prompting the County to declare a local health emergency; and WHEREAS, on March 10, 2020, the City Council ratified the Proclamation of Local Emergency with the passage of Resolution No. 69-312; and WHEREAS, Government Code section 8630(c) requires that the City Council review the need for continuing the local emergency at least once every sixty (60) days; and WHEREAS, the City Council subsequently reviewed the need for continuing the local emergency and again ratified the Proclamation of Local Emergency on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, May 10, 2022, June 28, 2022, July 26, 2022, September 20, 2022, November 3, 2022, December 13, 2022, and January 31, 2023; and
WHEREAS, the City Council does find that the aforesaid conditions of extreme peril continue to exist, and now include over 22,520 confirmed cases of COVID-19 and at least

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74 deaths in the City of Berkeley, thereby warranting and necessitating the continuation of the local emergency; and
WHEREAS, the City Council will need to again review the need for continuing the local emergency and ratify the Proclamation of Local Emergency by May 20, 2023; WHEREAS, the City Council recognizes that the SARS-CoV-2 B.1.617.2 (“Delta”) variant of COVID-19 that is currently circulating nationally and within the City is contributing to a substantial increase in transmissibility and more severe disease; and WHEREAS, on July 16, 2021, in light of the apparent increased transmissibility of the Delta variant, the City of Berkeley recommended that all individuals including fully vaccinated persons wear masks in public indoor settings; and WHEREAS, on July 26, 2021, the California State Health Officer issued an order requiring vaccination or routine testing of all employees working in high-risk health care and congregate settings, in light of the fact that current requirements of staff in health care settings, such as universal mask requirements for all staff are not proving sufficient to prevent transmission of the more transmissible Delta variant; and WHEREAS, on July 27, 2021, the CDC updated its guidance for fully vaccinated persons to reflect new evidence regarding the Delta variant, noting that “[i]nfections in fully vaccinated people (breakthrough infections) happen in only a small proportion of people who are fully vaccinated, even with the Delta variant”; and WHEREAS, on August 2, 2021, the Health Officer for the City of Berkeley issued an order requiring all individuals to wear masks in all indoor public settings; and WHEREAS, on August 5, 2021, the California State Health Officer issued an order requiring that workers in healthcare settings be fully vaccinated by September 30, 2021; and
WHEREAS, on August 11, 2021, the City announced its intention to implement a vaccination policy for City employees to protect the health and safety of the City of Berkeley’s employees and community members from the imminent and substantial threat to public health and safety posed by the Delta variant; and WHEREAS, on September 14, 2021, given the increased and unforeseen risk posed by the Delta variant, as compared to earlier variants of the COVID-19 virus previously present in the City of Berkeley, the City Council found that a Citywide vaccination policy protects public health and reduces the risk of substantial harm to City staff and community members that could result from workplace outbreaks caused by the Delta variant; and WHEREAS, on September 14, 2021, given the urgency posed by the highly transmissible nature of the Delta variant, the City Council recognized the variant’s existence as creating

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an emergency of grave character and as warranting immediate adoption of a Citywide vaccination policy.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Berkeley that it is hereby proclaimed and ordered that the Proclamation of Local Emergency, issued by the Director of Emergency Services on March 3, 2020, initially ratified by the City Council on March 10, 2020, and subsequently reviewed and ratified by the City Council on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, May 10, 2022, June 28, 2022, July 26, 2022, September 20, 2022, November 3, 2022, December 13, 2022, and January 31, 2023, has been reviewed and is hereby again ratified and confirmed.

BE IT FURTHER RESOLVED that during the existence of this local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, and the Charter, ordinances, resolutions and approved plans of the City of Berkeley.

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.berkeleyca.gov/manager

CONSENT CALENDAR
March 21, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Subject: Designate the Line of Succession for the Director of Emergency Services

RECOMMENDATION
Adopt a Resolution approving the designated line of succession to the position of Director of Emergency Services in the event of an emergency, and rescinding Resolution No. 70,406-N.S.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
The Berkeley Municipal Code (BMC) requires that the City Manager, who is the Director of Emergency Services, designate the order of succession to that office in the event the Director is unavailable to attend meetings and otherwise perform their duties during an emergency. Additionally, the City Council must approve the order of succession. (BMC Section 2.88.040)

BACKGROUND
On June 14, 2022 the City Council adopted Resolution No. 70,406-N.S. designating the line of succession to the position of Director of Emergency Services in the event the Director is unavailable to perform his or her duties during an emergency. Since that time, changes in personnel necessitate that a new designation be approved as set forth in the attached Resolution.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.

CONTACT PERSON
David Sprague, Interim Fire Chief, (510) 981-5501
Attachments:
1: Resolution

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RESOLUTION NO. ##,###-N.S.

APPROVING THE DESIGNATED LINE OF SUCCESSION TO THE DIRECTOR OF EMERGENCY SERVICES POSITION AND RESCINDING RESOLUTION NO. 70,406- N.S.

WHEREAS, Berkeley Municipal Code Section 2.88.030 designates the City Manager as the Director of Emergency Services; and
WHEREAS, Dee Williams-Ridley, in her position as City Manager, serves as the Director of Emergency Services; and
WHEREAS, pursuant to Berkeley Municipal Code Section 2.88.040, it is necessary to establish a line of succession for the Director of Emergency Services in the event that the Director is unavailable to attend meetings or otherwise perform his or her duties during an emergency.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the following order of succession to the position of Director of Emergency Services in the event the Director is unavailable to attend meetings or otherwise perform his or her duties during an emergency is hereby confirmed and approved:

1. LaTanya Bellow, Deputy City Manager

2. Anne Cardwell, Deputy City Manager

3. David Sprague, Interim Fire Chief

4. Jennifer Louis, Interim Chief of Police
BE IT FURTHER RESOLVED that Resolution No. 70,406-N.S. is hereby rescinded.

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2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager Office of the City Manager

CONSENT CALENDAR
March 21, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Interim Chief, Fire Department Subject: Grant Application: Funding from the Federal Emergency Management Agency (FEMA) to expand a NFPA 1582/1583 compliant employee Wellness, Fitness and Human Performance Program

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from the Federal Emergency Management Agency (FEMA) for up to $840,000 with a 10% or $84,000 in matching city funds to expand a National Fire Protection Association (NFPA) 1582/1583 compliant employee Wellness, Fitness and Human Performance Program.

FISCAL IMPACTS OF RECOMMENDATION
There is a 10% matching funds requirement or $84,000. The Fire Department (Department) has these funds in its baseline budget.

CURRENT SITUATION AND ITS EFFECTS
The Department has already committed $800,000 annually to support NFPA 1582 compliant physicals, cancer screening, on-site human performance specialists focused on strength and injury prevention and rehabilitation, the purchase and maintenance of physical fitness equipment in firehouses, to facilitate attendance in-patient mental health treatment programs for first responders, to provide professional clinical support for the Peer Counseling Unit (PCU), and to provide 15 days of on-site health and wellness related education from national experts for members.

An award would allow the Department to hire two full time subject matter experts (SME) to be on site for the two-year grant performance period. One SME will focus on behavioral health and the other will focus on nutrition.

Behavioral Health
According to the International Association of Fire Fighters “There is growing concern about behavioral health issues and the significant impact on wellness. The stresses faced by firefighters, paramedics and EMTs throughout the course of their careers – incidents involving children, violence, inherent dangers of firefighting and other potentially traumatic events – can have a cumulative impact on mental health and well-being.”

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Grant Application: Funding from the Federal Emergency Management Agency (FEMA) to expand a NFPA 1582/1583 compliant employee Wellness, Fitness and Human Performance Program

CONSENT CALENDAR
March 21, 2023

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On average, the stress level (anxiety, depression and irritability) of Berkeley firefighters intensifies by 31% throughout the course of a day according to the data obtained from the Veterans Rand 12-Item Health Survey (VR-12) conducted by the BFD in 2022. This survey is the gold standard for assessing physical and mental health related standards. The VR- 12 is widely used by major health systems, including centers for medicare/medicaid, (CMS) and the VA. The effects of high-stress levels emulate the effects of poor sleep and sleep debt. Members that encounter increased stress levels throughout the day are increasing their risk of impaired awareness, accuracy, and decision-making abilities, putting the member and their team at higher risk. Chronic stress without adequate recovery negatively affects department readiness, decreases performance, and makes a firefighter more susceptible to injury and illness. Exercises such as meditation, deep breathing, better sleep, and mindfulness practices can help reduce the risks of stress and keep the members safe at home and on the fireground.

The Behavioral Health Specialist (BHS) will focus holistically on the organization including through working with labor and management to continue to create a culture of support (suicide prevention) in a high-risk career, design and deliver education on the impact of sleep on mental wellness, creating a work environment that allows for restorative sleep habits, contributing to the development of a behavioral health module within the BFDs leadership development program, serve as the primary SME for cognitive performance education and consultations for members, participate in after action reviews and debriefings following high stress incidents, and perform behavioral health monitoring and modify program design to address emerging trends.

Nutrition
According to the CDC, cardiovascular disease remains the leading cause of firefighter line- of-duty death accounting for about 45% of all on-duty firefighter deaths. In 2022 BFD conducted a readiness assessment of the members where body fat was measured. The results determined that 43% of the membership was overweight with 50% of those being obese. The readiness assessment compares the members body fat percentage to the classification of values for body mass index recommended by the World Health Organization. WHO classifications: healthy = < 24.9, overweight = 25.0 - 29.9, and obese > 30.0. In addition to the impact on physical performance, high body fat percentage is associated with obesity which has detrimental effects on musculoskeletal injury, physical performance, and chronic health conditions, such as hypertension and glucose metabolism deficiencies. It is widely accepted that the additional load to the skeletal system, as seen in obesity, produces altered body mechanics that unfavorably affect the function of joints. Obesity has been identified as a top risk factor for the initiation and progression of osteoarthritis in load-bearing joints, primarily the knee, but also the hip and ankle.

The Nutritional Health Specialist (NHS) will work holistically to evaluate institutional barriers to better nutrition and make recommendations to the labor and management team for ways to address them. The NHS will develop and deliver nutrition education, demonstrations, or events related to nutrition for performance. The NHS will work with individual members or teams to build awareness of nutrition science and the impact of proper fueling on physical and mental performance and job readiness. They will Implement strategies for fueling for performance that focus on maintaining energy through proper hydration and the quality, quantity, and timing of meals. This will be accomplished through

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Grant Application: Funding from the Federal Emergency Management Agency (FEMA) to expand a NFPA 1582/1583 compliant employee Wellness, Fitness and Human Performance Program

CONSENT CALENDAR
March 21, 2023

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1:1 sessions to achieve their individual goals for performance and weight management which will decrease the risk of injury and reduce modifiable risk factors for chronic diseases using nutrition. The NHS will also assess and analyze dietary practices, body composition, and energy balance (intake and expenditure) of the members in the context of athletic performance and health; council members on achieving and maintaining a level of body mass, body fat, and muscle mass that is consistent with good health and good performance; provide personalized meal and snack plans to promote achieving short- and long-term goals for athletic performance and good health; provide medical nutrition therapy, as needed, to help manage or treat medical conditions; address nutritional challenges to performance, such as food allergies, bone mineral disturbances, gastrointestinal disturbances, iron depletion, and iron-deficiency anemia; and evaluate nutritional supplements, including herbal supplements, for legality, safety, quality, and efficacy; monitor the use of appropriate supplementation.

BACKGROUND
Working a career in public safety is extremely rewarding, but also has acute and cumulative impacts to employee’s physical and mental health. Firefighters must be physically and mentally prepared in order to mount a competent response. Each member's readiness dictates to what degree of efficiency and professionalism their fire companies respond and mitigate risk. It is the obligation of the employer to mitigate these impacts through system level prevention, education, monitoring and post incident support. Through Department funded research performed in 2022, it has been discovered that the stress level (anxiety, depression and irritability) of Berkeley firefighters intensifies by 31% throughout the course of a day, 45% of members report experiencing depression with 15% getting worse in the past 12 months, six members have attended in-patient trauma retreats, 55% of members report trouble sleeping, 43% of the membership was overweight with 50% of those being obese and 84% stated they would utilize a nutrition and behavioral health specialist if they were on site. In 2022, following annual physicals, six members were referred to their personal physicians for follow up and two members are having heart surgery as a result.

The link between workplace experiences encountered during a career in emergency services and mental health problems is now well documented. In 2017 there were 103 documented firefighter suicides in the US and the Firefighter Behavioral Health Alliance (FBHA) estimates that only 40% of firefighter suicides are reported. Suicide is a result of mental illness, including depression and PTSD. PTSD and depression rates among firefighters have been found to be as much as five times higher than the rates within the civilian population, which causes these first responders to commit suicide at a considerably higher rate (firefighters: 18/100,000; general population 13/100,000).

A National Institute of Health study, “Worldwide prevalence of obesity among firefighters: a systematic review protocol”, comments on the serious disease and mortality caused by obesity. “Obesity may interfere with job performance and increase the risk of injury during firefighting activity. Obesity also has many deleterious effects on health indices, including reduced arterial function, glucose intolerance, dyslipidemia, type 2 diabetes, hypertension, osteoarthritis, low-cardiorespiratory fitness, pathological remodeling of the heart, endocrine disorders and is associated with higher all-cause mortality.”

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Grant Application: Funding from the Federal Emergency Management Agency (FEMA) to expand a NFPA 1582/1583 compliant employee Wellness, Fitness and Human Performance Program

CONSENT CALENDAR
March 21, 2023

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ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
There are scientifically proven impacts to the mental and physical health of public safety employees. This grant will help provide services to prevent or mitigate these impacts to our employees.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
David Sprague, Interim Fire Chief, 510-981-3473
Attachments:
1: Resolution

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RESOLUTION NO. ##,###-N.S.

GRANT APPLICATION: FUNDING FROM CALIFORNIA DEPARTMENT OF

FORESTRY AND FIRE PROTECTION (CAL FIRE) WILDFIRE PREVENTION GRANT TO IMPLEMENT AN INCENTIVE PROGRAM FOR RESIDENTS OF BERKELEY’S

VERY HIGH FIRE HAZARD SEVERITY ZONE
WHEREAS, working a career in public safety is extremely rewarding, but also has acute and cumulative impacts to employee’s physical and mental health. There are scientifically proven impacts to the mental and physical health of public safety employees, and
WHEREAS, according to a Veterans Rand Health Survey (VR-12) conducted by the BFD in 2022, on average, the stress level (anxiety, depression and irritability) of Berkeley firefighters intensifies by 31% throughout the course of a day, and WHEREAS, Berkeley firefighters 45% of members report experiencing depression with 15% getting worse in the past 12 months, six members have attended in-patient trauma retreats, 55% of members report trouble sleeping, 43% of the membership was overweight with 50% of those being obese and 84% stated they would utilize a nutrition and behavioral health specialist if they were on site, and WHEREAS, according to the CDC, cardiovascular disease remains the leading cause of firefighter line-of-duty death accounting for about 45% of all on-duty firefighter deaths. In 2022 BFD conducted a readiness assessment of the members where body fat was measured. The results determined that 43% of the membership was overweight with 50% of those being obese, and
WHEREAS, the Department an award would allow the Department to hire two full time subject matter experts (SME) to be on site for the two-year grant performance period.

One SME will focus on behavioral health and the other will focus on nutrition.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to apply for and accept a grant, and any amendments, from the Federal Emergency Management Agency (FEMA) for up to $840,000 with a 10% or $84,000 in matching city funds to expand a National Fire Protection Association (NFPA) 1582/1583 compliant employee Wellness, Fitness and Human Performance Program.

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CONSENT CALENDAR
March 21, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Contract No. 32200156 Amendment: Options Recovery Services for Community Crisis Response Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 32200156 with Options Recovery Services (Options) to add $561,917.11 and extend the term of the Community Crisis Response Services to December 31, 2023 with a not to exceed amount of $1,201,917.11.

FISCAL IMPACTS OF RECOMMENDATION
This amendment will add $561,917.11 in additional ARPA Local Fiscal Recovery grant funds resulting in a total not-to-exceed amount of $1,201,917.11. Funding for the Options Recovery Services contract will be recommended for appropriation through the second amendment to the FY 2023 Appropriation Ordinance in the ARPA Local Fiscal Recovery grant (Fund 354).

CURRENT SITUATION AND ITS EFFECTS
Options community crisis response services were initiated to respond to needs identified through the Specialized Care Unit (SCU) planning process. This amendment will add additional American Rescue Plan Act funding to extend the Options Recovery Services program. Originally, this program was going to end on December 31, 2022, but the SUD outreach services continue to be effective and well-received by the community.

Concurrently, the Specialized Care Unit (SCU) has moved out of the design phase, and into early implementation, however, the SCU is still hiring staff and finalizing logistics, making the extension and continuity of these bridge services crucial to serve this population in need.

Amending the Options contract is a Strategic Plan Priority Project, advancing our goal to champion and demonstrate social and racial equity. The additional funds will allow the Options Recovery Services outreach team to extend their contract term to December 31, 2023 which will provide continued substance use disorder (SUD) outreach and resource linkages for individuals experiencing SUD issues in the Berkeley community.

Options’ contract began on January 1, 2022. This added funding and time will allow

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Contract No. 32200156 Amendment: Options CONSENT CALENDAR Recovery Services for Community Crisis Response Services March 21, 2023

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Options to continue working with and leverage existing trust to provide necessary resources to community members with SUD.

BACKGROUND
As part of the Re-Imagining Public Safety process, the City has been engaged in planning for a Specialized Care Unit (SCU) that will ultimately become a 24/7 mobile unit designed to respond to and support people who are experiencing a mental health or substance abuse crisis without direct involvement with the police. The SCU is starting its implementation phase, with the intention to roll out by Summer 2023 with the contracted provider, Bonita House.

While this process and foundational work is taking place, there are immediate needs to strengthen non-police relationships and supports on the ground for individuals on the verge of crisis. Therefore, on June 29, 2021, Berkeley City Council allocated up to $1,200,000 in the FY 2022 budget from the American Rescue Plan in support of services (Community Crisis Response [CCR]), which will provide such supports until the SCU can be implemented. $640,000 of this allocated American Rescue Plan Act funding was awarded to Options Recovery Services to provide SUD outreach services.

To date, Options Recovery Services has been providing these community crisis response services by hiring and implementing substance use disorder (SUD) outreach teams who have been providing outreach services to various homeless encampments and individuals in need across the City of Berkeley. During their outreach, the Options staff have been able to connect community members to various resources for housing navigation, sobering centers, and treatment.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts or sustainability opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
The additional funding identified will allow for additional services from a trusted outreach team to be provided to Berkeley community members experiencing SUD.

ALTERNATIVE ACTIONS CONSIDERED
These services could be provided by alternate outreach teams, but this is not recommended given the trust with community that the Options team has been able to build throughout 2022 and into 2023.

CONTACT PERSON
Katherine Hawn, Senior Management Analyst, HHCS, 510-847-8532 Attachments:

1. Resolution

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RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 32200156 AMENDMENT: OPTIONS RECOVERY SERVICES FOR

COMMUNITY CRISIS RESPONSE SERVICES
WHEREAS, Contract #32200156 was awarded to Options Recovery Services to provide community crisis response services by providing outreach to community members with substance use disorder (SUD); and
WHEREAS, through Contract #32200156 Options Recovery Services has successfully staffed and implemented their program to provide outreach services and resource linkages to Berkeley community members experiencing SUD; and WHEREAS, $561,917.11 was allocated to support an extension of the contract and to allow this SUD outreach to continue; and
WHEREAS, Options Recovery Services is the most qualified provider to receive the additional funding to provide continued SUD outreach services to the Berkeley community.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. 32200156 with Options Recovery Services to add $561,917.11 and extend the term of the Community Crisis Response Services for SUD outreach to December 31, 2023 with a not to exceed amount of $1,201,917.11. Funding is available in the FY2023 budget in the ARPA Local Fiscal Recovery grant (Fund 354).

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CONSENT CALENDAR
March 21, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Contract No. 32200147 Amendment: Women’s Daytime Drop-In Center for Community Crisis Response Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 32200147 with Women’s Daytime Drop-In Center (WDDC) to add $75,600 and extend the term of the Community Crisis Response Services to December 31, 2023 with a not to exceed amount of $195,600.

FISCAL IMPACTS OF RECOMMENDATION
This amendment will add $75,600 with a total not-to-exceed amount of $195,600. This amendment will add additional American Rescue Plan Act (ARPA) funding to extend the WDDC program. Funding for the WDDC contract will be recommended for appropriation through the second amendment to the FY 2023 Appropriation Ordinance in the ARPA Local Fiscal Recovery Grant (Fund 354).

CURRENT SITUATION AND ITS EFFECTS
WDDC community crisis response services were initiated to respond to needs identified through the Specialized Care Unit (SCU) planning process. Originally, this program was going to end on December 31, 2022, but the crisis counseling services continue to be effective and well-received by WDDC clients. Concurrently, the SCU has moved out of the design phase, and into early implementation, however, the SCU is still hiring staff and finalizing logistics, making the extension and continuity of these bridge services crucial to serve this population in need.

Amending the WDDC contract is a Strategic Plan Priority Project, advancing our goal to champion and demonstrate social and racial equity. The additional funds will allow the WDDC mental health counselor to extend their contract term to December 31, 2023 which will provide continued crisis and post-crisis counseling support to WDDC clients experiencing a mental health crisis. WDDC’s contract began on January 1, 2022 and the counselor started providing services in July 2022. This added service at WDDC provides mental health crisis support and facilitates group counseling programs for WDDC clients. This added funding and time will allow WDDC’s mental health counselor to continue providing necessary services to clients.

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Contract No. 32200147 Amendment: Women’s Daytime Drop-In Center for Community Crisis Response Services

CONSENT CALENDAR
March 21, 2023

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While this process and foundational work is taking place, there are immediate needs to strengthen non-police relationships and supports on the ground for individuals on the verge of crisis. Therefore, on June 29, 2021, Berkeley City Council allocated up to $1,200,000 in the FY 2022 budget from the American Rescue Plan in support of services (Community Crisis Response [CCR]), which has been providing such supports until the SCU can be implemented. $120,000 of the allocated American Rescue Plan Act funding was awarded to Women’s Daytime Drop-In Center to hire and provide mental health counseling services to WDDC clients.

To date, WDDC continues to provide necessary mental health counseling services to clients, both individually and in groups. Throughout implementation, the counselor has been able to serve multiple clients and foster trust among clients in post-crisis counseling groups.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts or sustainability opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
The additional funding identified will allow for mental health crisis counseling services to continue for WDDC clients.

ALTERNATIVE ACTIONS CONSIDERED
These services could be provided by a separate counseling program, but this is not recommended given the high demand for mental health crisis counselors and the trust that the current counselor has built with the WDDC clients.

CONTACT PERSON
Katherine Hawn, Senior Management Analyst, HHCS, 510-847-8532 Attachment:

1. Resolution

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RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 32200147 AMENDMENT: WOMEN’S DAYTIME DROP-IN CENTER

FOR COMMUNITY CRISIS RESPONSE SERVICES
WHEREAS, Contract #32200147 was awarded to Women’s Daytime Drop-In Center to provide community crisis response services by hiring and providing mental health crisis counseling services; and
WHEREAS, through Contract #32200147, Women’s Daytime Drop-In Center has successfully staffed and provided individual and group counseling for Women’s Daytime Drop-In Center clients experiencing a mental health crisis; and WHEREAS, $75,600 was allocated to support an extension of the contract and to extend the services of the mental health crisis counselor; and WHEREAS, Women’s Daytime Drop-In Center is the most qualified provider to receive the additional funding to provide continued mental health crisis counseling services to their clients.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. 32200147 with Women’s Daytime Drop-In Center to add $75,600 and extend the term of the Community Crisis Response Services for mental health counseling to December 31, 2023 with a not to exceed amount of $195,600. Funding is available in the FY2023 budget in the ARPA Local Fiscal Recovery grant (Fund 354).

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CONSENT CALENDAR
March 21, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Contract No. 32300025 Amendment: Non-Profit Intelligence Partners for Flexible Funding program services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32300025 with Non-Profit Intelligence Partners (NPI) to provide Flexible Funding program services through June 30, 2024 in an amount not to exceed $350,000. This will extend the existing contract by one year and add $300,000 in funding.

FISCAL IMPACTS OF RECOMMENDATION
Funds for the scope of work in the amount of $300,000 will be provided from the Mental Health Services Act (MHSA) Community Services and Supports funding category, Fund 315. Funding is available in the Fiscal Year 2023 (FY 2023) budget.

CURRENT SITUATION AND ITS EFFECTS
The Department of Health, Housing, and Community Services’ Mental Health Division (HHCS/MH) previously contracted with a community agency to provide fiscal services for the Flexible Funding program. When the community agency notified HHCS/MH that they wanted to discontinue this service because it diverged from their core services, HHCS/MH searched for a vendor that could provide this service and identified only NPI.

Contract No. 32300025 with NPI was created as a pilot program to assess whether the arrangement should be expanded. Since NPI has performed well, HHCS/MH would like to extend and expand the contract so each of HHCS/MH’s major programs serving different populations can benefit from the Flex Funding program.

BACKGROUND
California’s MHSA has significantly changed the provision of mental health services by providing funding to pay for incidental personal needs of Mental Health Division consumers in order to engage them in services, stabilize their housing, and otherwise support health and wellness goals. For low income consumers in mental health services, small expenses can frequently form large barriers to health and wellness.

Because evidence shows that relatively small payments can support measurable

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Contract No. 32300025 Amendment: Non-Profit Intelligence Partners CONSENT CALENDAR for Flexible Funding program services March 21, 2023

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improvements in mental health service outcomes, MHSA encourages mental health jurisdictions to make this service available.

The City has previously used other vendors to administer Flex Fund programs, but providing this service has proven to be too complex, too expensive to administer, or misaligned with the other services they provided. After exploring many alternatives, staff were able to identify Non-Profit Intelligence Partners, a local business with a refined focus, enough capacity to meet the City’s demands, and a small enough size that they can focus on the fiscal needs of our mental health clients.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
Non-Profit Intelligence Partners is a uniquely qualified local provider of the fiscal agent services required for the Flex Funds program, and has performed well with all tasks required since the initiation of the contract.

ALTERNATIVE ACTIONS CONSIDERED
City Council could decide not to approve the attached Resolution and the City could issue a Request for Proposals to attempt to find a different service provider. This was rejected by staff as inquiries to fiscal agent providers clarified that NPI was the only provider qualified and able to provide these specific services.

CONTACT PERSON
Conor Murphy, Associate Management Analyst, HHCS, 510-981-7611 Jeff Buell, Manager of Mental Health Services, HHCS, 510-981-7682 Attachments:
1: Resolution

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RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 32300025 AMENDMENT: NON-PROFIT INTELLIGENCE

PARTNERS FOR FLEXIBLE FUNDING PROGRAM SERVICES
WHEREAS, on September 14, 2021 by Resolution No. 70,012-N.S. City Council approved the Mental Health Services Act (MHSA) Fiscal Year 2021-2022 Annual Update, which included funding for Flexible Funding program services; and WHEREAS, the services in this contract will enable the Mental Health Division to work with a local fiscal agent services provider, increasing the provision of Flexible Funding program services for our clients; and
WHEREAS, funds in the amount of $300,000 are available in Fiscal Year 2023 in Fund 315 (Mental Health Services Act).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to execute an amendment to Contract No. 32300025 with Non-Profit Intelligence Partners for Flexible Funding program services increasing the contract by $300,000 for a total contract not to exceed amount of $350,000 for the period beginning July 1, 2022 and ending June 30, 2024. A record signature copy of the contract and any amendments will be on file in the Office of the City Clerk.

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CONSENT CALENDAR
March 21, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Revenue Agreements: California Department of Public Health Childhood Lead Poisoning Prevention and CalFresh Grants

RECOMMENDATION
Adopt two Resolutions authorizing the City Manager or her designee to submit grant agreements to the State of California, California Department of Public Health (CDPH), to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the following two revenue agreements:

1. CDPH: Childhood Lead Poisoning Prevention Program (CLPPP), in the projected total 3-year amount of $383,455 for FY 2024, FY 2025, and FY 2026.

2. CDPH: CalFresh Healthy Living Program (CalFresh), in the projected amount of $162,390 each year in FFY 2024, FFY 2025, FFY 2026, for a projected total 3- year amount of $487,170.

FISCAL IMPACTS OF RECOMMENDATION
The City will receive funds in the estimated total combined amount of $870,625 from the California Department of Public Health for the period FY 2024 through FY 2026 from the two funding sources listed below. Each contract has been entered into the citywide contract management system database:

1. CLPPP: Revenue Fund 312. This contract is anticipated to be a total of $383,455 for FY 2024, FY 2025, and FY 2026.

2. CalFresh: Revenue Fund 312. This contract is anticipated to be for a total of $487,170 in FFY 2024, FFY 2025, FFY 2026.

Spending of all referenced grant funds is subject to Council approval of the budget for each fiscal year and the Annual Appropriations Ordinances. Depending on the timing of when grants are officially awarded and the amounts that are determined, the grant

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Revenue Grant Agreement: Funding Support CONSENT CALENDAR from the State of California to Conduct Public Health Services March 21, 2023 budgets will be adjusted as part of a future amendment to the FY 2023 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
As a local health jurisdiction, the City of Berkeley provides a broad range of public health programs and services to the community, with the goals of addressing health inequities, promoting healthy environments and behaviors, protecting residents from disease, and preventing illness, disability, and premature death. In addition to the funding referenced in this report, the City also has continuing multi-year public health grants with the State of California. The total additional anticipated revenue from these state grants is $870,625 in FY 2024, FY2025, and FY2026.

Each grant serves a specific purpose in the Department’s work towards improving the health of our community:

1. CLPPP: Provides services to eliminate childhood lead poisoning by caring for lead-poisoned children and identifying and eliminating sources of lead exposure.

Services provided include nursing case management, environmental investigations for known State cases of children with lead poisoning, and outreach and education to health care providers, community groups, and families. CLPPP is not able to support preventative and general community lead assessments, enforcement, or remediation.

2. CalFresh: Provides services that integrate nutrition education and policy, systems, and environmental (PSE) change approaches to support community health goals that address obesity prevention and promote physical activity.

BACKGROUND
The City of Berkeley receives funding from many sources annually to complete activities to improve the health of the community. As a local health jurisdiction, the City is entitled to specific State funding to meet core public health objectives. HHCS’ Public Health Division (HHCS/PHD) is committed to providing essential services to the community to prevent the spread of disease and to promote healthy environments.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
These funds support vital services related to our mandates as a public health jurisdiction and local initiatives designed to address health inequities in Berkeley and improve the health of Berkeley residents. This grant supports the Department’s mission and provides the City with funding to continue working to protect and improve the health of the community.

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Revenue Grant Agreement: Funding Support CONSENT CALENDAR from the State of California to Conduct Public Health Services March 21, 2023

ALTERNATIVE ACTIONS CONSIDERED
The City could opt not to accept these funds. That action would result in a significant reduction in public health services to the community, and is therefore not recommended.

CONTACT PERSON
Janice Chin, Manager, Public Health Division, HHCS, (510) 981-5121 Attachments:

1. Resolution: CDPH - Childhood Lead Poisoning Prevention Program

2. Resolution: CDPH - CalFresh Healthy Living Program

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RESOLUTION NO. ##,###-N.S.

GRANT AGREEMENT: CALIFORNIA DEPARTMENT OF PUBLIC HEALTH

FOR THE CHILDHOOD LEAD POISONING PREVENTION PROGRAM
WHEREAS, the City of Berkeley Health, Housing and Community Services Department, Public Health Division (HHCS/PHD), is committed to detecting, managing, and preventing childhood lead poisoning; and
WHEREAS, HHCS provides a broad range of needed public health program services to the community; and

WHEREAS, HHCS works to promote healthy environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and

WHEREAS, HHCS seeks to eliminate health inequities; and

WHEREAS, the HHCS seeks to prevent lead poisoning and identify and aid lead- burdened children in Berkeley; and

WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund vital health services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designees is hereby authorized to submit a grant agreement to the California Department of Public Health for funding for Fiscal Years 2024, 2025, and 2026 for the Childhood Lead Poisoning Prevention Program to detect, manage, and prevent childhood lead poisoning; to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $383,455; and implement the projects and appropriation of funding for related expenses, subject to securing the grant. Budget Codes (Revenue):
312; (Expenditure) 321. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

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RESOLUTION NO. ##,###-N.S.

GRANT AGREEMENT: CALIFORNIA DEPARTMENT OF PUBLIC HEALTH

FOR THE CALFRESH HEALTHY LIVING PROGRAM
WHEREAS, the City of Berkeley Health, Housing and Community Services Department, Public Health Division, is committed to providing nutrition education and physical activity promotion to underserved communities; and
WHEREAS, the City of Berkeley Health, Housing and Community Services Department, Public Health Division (HHCS/PHD), provides a broad range of needed public health program services to the community; and
WHEREAS, the HHCS works to promote healthy environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and WHEREAS, the HHCS seeks to eliminate health inequities; and WHEREAS, the HHCS provides vital health services.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to submit a grant agreement to the California Department of Public Health for funding for Federal Fiscal Years 2024, 2025, and 2026 for the CalFresh Healthy Living Program: to provide nutrition education and physical activity promotion to underserved communities; to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $487,170; and implement the projects and appropriation of funding for related expenses, subject to securing the grant.

Budget Codes (Revenue): 312; (Expenditure): 312. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

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CONSENT CALENDAR
March 21, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Funding Recommendation and Joint Homekey Application for the University Inn at 1461 University

RECOMMENDATION
Adopt three resolutions approving the following actions in support of a Homekey program funding allocation by:

2. Reserving up to $1,000,000 in General Funds received pursuant to Measure P for Memar and HCEB to operate the University Inn as an emergency shelter prior to permanent housing conversion.

5. Authorizing the City Manager or her designee to execute all original or amended documents or agreements to effectuate these actions.

SUMMARY
In response to a Request for Proposals issued on November 29, 2022, Health, Housing, and Community Services (HHCS) received two proposals to convert interim housing to permanent supportive housing under the State of California Housing and Community

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Funding Recommendation and Joint Homekey Application CONSENT CALENDAR for the Rodeway Inn at 1461 University March 21, 2023

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Development (HCD) Department’s Homekey program: one from Memar Properties, Inc. (Memar) and Housing Consortium of the East Bay (HCEB) for the University Inn project and another from Berkeley Food & Housing Project (BFHP) for the Russell Street project. Based on careful review of the proposals, the projects’ feasibility, applicant experience with the Homekey program, and an evaluation of development team capacity, staff recommends selection of the University Inn project.

Memar and HCEB requested $8.5M in City funds to support the conversion of the University Inn, which is located at 1461 University Avenue and formerly known as the Rodeway Inn, into permanent supportive housing for people experiencing chronic homelessness. The development team requested an additional $1M to continue operating the University Inn as interim housing prior to permanent housing conversion.

In order to access HCD’s Homekey program funds, the City will need to jointly apply with the development team and provide matching funds.

Homekey is a State program that provides government entities with funding to purchase and rehabilitate properties, including hotels, motels, and vacant apartment buildings, and convert them into interim or permanent housing. Homekey projects serve people experiencing homelessness or who are also at risk of becoming homeless.

In anticipation of HCD’s Homekey NOFA release, City Council approved issuing a Request for Proposals (RFP) and authorized the consideration of requests of up to $8.5M. The City issued an RFP on November 29, 2022 to select an eligible Homekey project and development team.

FISCAL IMPACTS OF RECOMMENDATION
The first attached resolution would reserve $9,500,000 in City General Funds received pursuant to Measure P. The majority of these funds ($8,500,000) would support the costs of converting the University Inn into permanent supportive housing and $1,000,000 would be used to continue operating the property as emergency shelter for the period between the expiration of the current operator’s contract and permanent housing conversion. Funding is subject to appropriation in the FY 2024 budget in the Measure P fund (Fund# 011).

If the joint application to the Homekey program is successful, the City will not receive the $15,005,360 requested; rather, these funds will go directly to Memar and HCEB, or the entity they create, to finance this project. If HCD requires the City to be the recipient of Homekey funds, the City would need to pass the funds through to the project.

University Inn will need ongoing operating support after the proposed capitalized operating reserves are expended (expected in the eighth year of property operations).

No reservation of operating funds is recommended at this time. Staff will work with the development team to identify sources of funds to support the long-term operations of this project.

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Funding Recommendation and Joint Homekey Application CONSENT CALENDAR for the Rodeway Inn at 1461 University March 21, 2023

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CURRENT SITUATION AND ITS EFFECTS
The City issued an RFP on November 29, 2022 to select an eligible Homekey project and development team. The RFP included $8.5M in City funds, including General Funds received pursuant to Measure P. HHCS received two proposals to convert interim housing to permanent supportive housing: one from Memar Properties, Inc. and Housing Consortium of the East Bay for the University Inn project and another from Berkeley Food & Housing Project for the Russell Street project. Based on careful review of the proposals, the projects’ feasibility, applicant experience with the Homekey program, and an evaluation of development team capacity, staff recommends selection of the University Inn project. Because this report was finalized prior to the release of the 2023 Homekey NOFA, staff will need to add the NOFA issuance date to the resolution, once available.

HCEB and Memar requested $8.5M in City funds to support the conversion of the University Inn, which is formerly known as the Rodeway Inn and located at 1461 University Avenue, into permanent supportive housing for people experiencing chronic homelessness. Forty-two of the 43 rooms would be affordable to households earning up to 30% of the area median income (AMI), with the other unit set aside for the resident manager. HCEB would act as the service provider and property manager, and select tenants through the Countywide Coordinated Entry System (CES). The development team proposed prioritizing residents currently residing at the University Inn, which is currently leased by the City as an emergency shelter. Memar and HCEB have requested an additional $1M to continue operating the University Inn as interim housing prior to permanent housing conversion.

The proposed project is eligible for an estimated $15M in HCD Homekey funds, including three years of operating subsidy. The development team is pursuing funding from Alameda County Healthcare Services Agency for $316,000 to $461,000 per year in services (starting in year four). Full commitment for the services funding would need Board of Supervisors approval.

Because the proposed project would provide permanent supportive housing for 42 formerly homeless households, it would require significant and ongoing operating subsidies. A portion of the HCD Homekey funds and City funds would be used for capitalized operating reserves to support the project’s first seven years of operations.

The development team did not identify a source of funds for the operating subsidy beyond the seventh year of operations (2030). The project would need approximately $660,000 in subsidies per year in year 8. While it is impossible to predict costs that far in the future, an assumed increase rate of 2.5% per year would escalate the subsidy needed annually to $785,000 in year 15. The development team and the City will work together to identify potential sources of funding to support the project’s long-term operations.

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Funding Recommendation and Joint Homekey Application CONSENT CALENDAR for the Rodeway Inn at 1461 University March 21, 2023

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In order to meet the eligibility requirements of HCD’s Homekey program, the City will need to jointly apply with the development team and provide matching funds. The City’s General Funds received pursuant to Measure P constitute the required match. In order for the project to receive the Homekey funds, the City will be required to enter into the State’s Standard Agreement for the project, but staff do not anticipate that the City will receive any funds directly. If HCD does require disbursements to the City, the City will pass the funds through to the project. The Standard Agreement will be 55 years for permanent housing. The City will also execute loan documents with the development team. Staff recommends that the City enter into a side agreement clarifying responsibilities between HCEB and Memar and the City for the joint application for Homekey funds. The City entered into similar side agreements with developers for other state funding programs. The second attached resolution will provide the City Manager with the authority to do so.

Berkeley Food & Housing Project (BFHP) requested $8.43M to purchase and rehabilitate two adjacent parcels (located at 1741, 1743, and 1747 Russell Street), where it currently operates a 17-bed Board and Care (Russell Street Residence) and 4 units of interim housing (Russel Street Annex). BFHP proposes two development phases. In the first phase, BFHP proposes to rehabilitate and operate 25 interim housing beds for people with a disability or mental illness who are experiencing or at risk of homelessness. In the second phase, BFHP proposes to convert to 23 units of permanent supportive housing for unhoused persons and people at risk of homelessness, many of whom would be veterans.

BFHP has operated Russell Street Residence since 2002 in close partnership with the Mental Health division (HHCS/MH). Funds are critically needed to secure the site and prevent the loss of Board and Care beds. However, Staff analysis of the property condition, permanent housing development plan, and relocation plan deemed the proposal less competitive for Homekey funding than the University Inn proposal. Based on preliminary feedback from HCD, staff are concerned that HCD would not consider Board and Care units at Russell Street Residence as eligible interim housing, making it less likely to be selected as a Homekey project.

Reserving funds for affordable housing projects and jointly applying for Homekey funds are Strategic Plan Priority Projects, advancing our goal to create affordable housing and housing support service for our most vulnerable community members.

BACKGROUND
Homekey is an HCD program that provides government entities with funding to purchase and rehabilitate properties, including hotels, motels, and vacant apartment buildings, and convert them into interim or permanent housing. Homekey projects serve people experiencing homelessness or who are also at risk of becoming homeless. The program typically provides funding of up to $200,000 per unit (depending on unit type), and may increase the subsidy if there are local matching funds. HCD is expected to

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Funding Recommendation and Joint Homekey Application CONSENT CALENDAR for the Rodeway Inn at 1461 University March 21, 2023

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issue a NOFA for the third round of Homekey funding in Spring 2023, and it has not yet been released as of the drafting of this report. In the last funding cycle, HCD accepted applications and made awards on a rolling basis. HHCS staff are therefore motivated to seek Council approval as soon as is feasible after the NOFA release, in order to submit an application to HCD Homekey and maximize the project’s chances of getting funded.

In 2021, the City submitted a successful joint Homekey application with Bay Area Community Services (BACS) and Memar for the Golden Bear Inn, which is located at 1620 San Pablo Avenue and was formerly operated as a 44-room hotel. The project reached full occupancy in January 2023 and serves chronically homeless households, with services provided by BACS.

The University Inn, which is also referred to as the Rodeway Inn, was one of the initial Project Roomkey emergency shelters during the height of the COVID-19 pandemic. The City received an award to continue operating the property as an emergency shelter through the State of California’s Encampment Resolution Funding (ERF) program. This funding is scheduled to expire in October 2023.

In anticipation of HCD’s Homekey NOFA release, the City of Berkeley issued a Request for Proposals (RFP) to select an eligible Homekey project and development team. On September 13, 2022, City Council approved the issuance of the City’s Homekey RFP, and authorized consideration of up to $8.5M in funding for a Homekey project. The RFP included a maximum developer fee of $1M, which is aligned with Homekey projects approved in other jurisdictions.

Due to the constrained timeline and the City’s desire to submit an application to HCD as soon as is feasible, this specific Homekey project proposal was not reviewed by either the Homeless Services Panel of Experts (HSPE) or the Housing Advisory Commission (HAC). However, both commissions took action to support future Homekey projects more generally.

On February 1, 2022, the HSPE took the following action:

Action: M/S/C (Marasovic/Feller) to recommend that the City consider using up to $17 million from Measure P monies for Project Homekey 3 applications with the City considering diverse funding streams so that both applicants can apply.

Vote: Ayes: Johnson, Jones, Marasovic, Feller, and Kealoha-Blake. Noes: Meany.

Abstain: None. Absent: Bookstein.

On February 2, 2023, the HAC took the following action:

Action: M/S/C: (Mendonca/Lee-Egan) to recommend that Council approve up to $17M in Measure P funding for both the Rodeway Inn and the Russell Street project, as well

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Funding Recommendation and Joint Homekey Application CONSENT CALENDAR for the Rodeway Inn at 1461 University March 21, 2023

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as $1M to operate the Rodeway Inn as interim housing prior to permanent housing conversion.

Vote: Ayes: Fain, Johnson, Lee-Egan, Mendonca, Potter, Sanidad. Noes: None.

Abstain: None. Absent: Calavita (Excused), Rodriguez (Unexcused), Simon- Weisberg (Excused).

Upon completing a full evaluation of both proposals as well as an analysis finding that there is not enough Measure P funding available for both projects without reducing funding for other critical homeless services, staff is recommending that City Council select one new Homekey project.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental sustainability effects directly associated with the recommendations in this report. If the City’s funding application is successful, the project will be acquired and rehabilitated, which is generally considered a more sustainable type of development.

RATIONALE FOR RECOMMENDATION
Creation of permanent supportive housing through a partnership with Memar and HCEB will support chronically unhoused individuals in the City, and will bring new permanent supportive housing units online on an expedited timeline. While both projects would preserve critical affordable housing units, HHCS staff deemed the University Inn proposal most competitive for HCD Homekey funds.

ALTERNATIVE ACTIONS CONSIDERED
The City could decline to participate in the Homekey program. Since that would not be consistent with the City’s Strategic Plan to increase affordable housing opportunities, staff is recommending participation as described above.

CONTACT PERSON
Jenny Wyant, Senior Community Development Project Coordinator, HHCS, (510) 981- 5228
Attachments:
1: Resolution - Approval of the Funding Reservation for the University Inn Homekey Project
2: Resolution - Joint Application for Homekey Funds for University Inn Homekey Project Located at 1461 University
3: Resolution – Authorizing Joint Application to and Participation in the Homekey Program for University Inn

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RESOLUTION NO. ##,###-N.S.

APPROVAL OF THE FUNDING RESERVATION FOR THE UNIVERSITY INN

HOMEKEY PROJECT
WHEREAS, the City of Berkeley (“City”) is interested in partnering with a qualified housing developer to create permanent supportive housing for residents who are experiencing homelessness or at risk of homelessness; and
WHEREAS, in July 2020, the State of California Housing and Community Development Department (“HCD”) created the State Homekey Program and issued its first Notice of Funding Availability (“NOFA”) to fund the conversion of existing residential buildings, such as hotels, motels, other residential buildings and non-residential structures, to permanent supportive housing for residents who are homeless or at risk of being homeless; and WHEREAS, in anticipation of HCD issuing a third Homekey NOFA, Council approved consideration of up to $8.5M for one future Homekey project on September 13, 2022 and authorized issuing a Request for Proposals (RFP) to solicit proposals for Homekey- eligible projects, which the City issued on November 29, 2022 and subsequently received two proposals; and
WHEREAS, Housing Consortium of the East Bay (HCEB) and Memar Properties, Inc. (Memar) requested $8,500,000 in City funds to support the conversion of the University Inn to permanent supportive housing; and
WHEREAS, the City currently leases the University Inn as an emergency shelter, and the lease is set to expire on October 31, 2023; and
WHEREAS, HCEB and Memar requested an additional $1,000,000 to continue to operate the emergency shelter from the lease expiration to the property’s conversion to permanent supportive housing.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Council approves $8,500,000 in funding reservations from General Funds received pursuant to Measure P Allocation for the University Inn Homekey project.

BE IT FURTHER RESOLVED that $1,000,000 shall be reserved from General Funds pursuant to Measure P Allocation for the University Inn emergency shelter operations.

BE IT FURTHER RESOLVED that that funds shall be reserved for a period of no more than 12 months from the date of this Resolution, contingent on the development team obtaining all required land use approvals and securing commitments for project funding that the City Manager or her designee deems sufficient within the reservation period.

BE IT FURTHER RESOLVED that the making of each loan shall be contingent on and subject to such other appropriate terms and conditions as the City Manager or her

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designee may establish, including the maximum developer fee of $1,000,000 established in the RFP.

BE IT FURTHER RESOLVED the City Manager, or her designee, is hereby authorized to execute all original or amended documents or agreements to effectuate this action; a signed copy of said documents, agreements and any amendments will be kept on file in the Office of City Clerk.

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RESOLUTION NO. ##,###-N.S.

JOINT APPLICATION FOR HOMEKEY FUNDS FOR THE UNIVERSITY INN HOMEKEY PROJECT LOCATED AT 1461 UNIVERSITY
WHEREAS, the City of Berkeley (City) is considering a request for acquisition, development, and operation subsidies funding from Housing Consortium of the East Bay (HCEB) and Memar Properties, Inc. (Memar) related to the development of the University Inn Homekey project, located at 1461 University; and
WHEREAS, the State of California Housing and Community Development Department (Department) is expected to release a Notice of Funding Availability for Homekey funds in Spring 2023; and
WHEREAS, the City issued a Request for Proposals (RFP) on November 29, 2022 to solicit proposals for Homekey-eligible projects, and subsequently received two proposals; and
WHEREAS, the City selected the proposal submitted by HCEB and Memar based on careful review of the proposals, the projects’ feasibility, applicant experience with the Homekey program, and an evaluation of development team capacity; and WHEREAS, the City may be required to accept a portion of the project’s liability as a condition of the joint Homekey application, though the risk may be mitigated by a side agreement negotiated between the City and HCEB and Memar.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it approves the submission of a joint application with HCEB and Memar or their affiliate for the Homekey application for University Inn Homekey project.

BE IT FURTHER RESOLVED that the City Manager shall work to mitigate risk to the City from serving as a joint applicant, including negotiating an agreement with HCEB and Memar regarding mutual responsibilities.

BE IT FURTHER RESOLVED that the City Manager, or her designee, is authorized to execute in the name of Applicant the Homekey Program Application Package and the Homekey Program Documents as required by the Department for participation in the Homekey program.

BE IT FURTHER RESOLVED that the City Manager, or her designee, is hereby authorized to execute all original or amended documents or agreements to effectuate this action; a signed copy of said documents, agreements, and any amendments will be kept on file in the Office of the City Clerk.

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RESOLUTION NO. ##,###-N.S.

RESOLUTION OF THE GOVERNING BODY OF CITY OF BERKELEY AUTHORIZING

JOINT APPLICATION TO AND PARTICIPATION IN THE HOMEKEY PROGRAM FOR

UNIVERSITY INN
WHEREAS, The Department of Housing and Community Development (“Department”) has issued a Notice of Funding Availability, dated ______________, 2023 (“NOFA”), for the Homekey Program (“Homekey” or “Program”). The Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety Code section 50675.1.3 (Assem.

Bill No. 140 (2021-2022 Reg. Sess.), § 20.); and
WHEREAS, City of Berkeley (“Co-Applicant”) desires to jointly apply for Homekey grant funds with Housing Consortium of the East Bay and Memar Properties (“Corporation”).

Therefore, Co-Applicant is joining Corporation in the submittal of an application for Homekey funds (“Application”) to the Department for review and consideration; and WHEREAS, The Department is authorized to administer Homekey pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). Homekey funding allocations are subject to the terms and conditions of the NOFA, the Application, the Department-approved STD 213, Standard Agreement (“Standard Agreement”), and all other legal requirements of the Homekey Program; and
WHEREAS, in anticipation of the Department issuing the NOFA, Council is authorizing an application for Homekey funds prior to the actual NOFA release.

NOW THEREFORE, BE IT RESOLVED that Co-Applicant is hereby authorized and directed to submit a joint Application to the Department in response to the NOFA, and to jointly apply for Homekey grant funds in a total amount not to exceed $18,000,000.

BE IT FURTHER RESOLVED that if the Application is approved, Co-Applicant is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $18,000,000, any and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the Department and to participate in the Homekey Program, and all amendments thereto (collectively, the “Homekey Documents”).

BE IT FURTHER RESOLVED that Co-Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.

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BE IT FURTHER RESOLVED that the City Manager or her designee is authorized to execute the Application and the Homekey Documents on behalf of Co-Applicant for participation in the Homekey Program.

BE IT FURTHER RESOLVED that the City Manager or her designee is authorized to include the issuance date of the NOFA, once available, in the resolution.

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CONSENT CALENDAR
MARCH 21, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Amending the Program Year 2021 (PY2021) Annual Action Plan to Accept HOME-American Rescue Plan Funds

RECOMMENDATION
Adopt a Resolution:

3. Authorizing the City Manager or her designee to submit the approved PY2021 Annual Action Plan Substantial Amendment to HUD, and accept any resulting agreements, and amendments thereto with HUD.

SUMMARY
On September 20, 2021, the City of Berkeley was awarded $2,735,696 in HOME-ARP funds as part of HUD’s HOME Investment Partnerships Program (HOME) allocation for PY 2021. The City executed the grant agreement to accept these funds through Council’s resolution 70,141 N.S. on December 14, 2021.

However, prior to expending these HOME-ARP funds, HUD requires the City submit a HOME-ARP allocation plan in accordance with certain HUD-estabished requirements on or before March 31, 2023. The allocation plan must follow the substantial amendment process described in the City’s Citizen Participation Plan related to HUD programs.

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Amending the PY21 Annual Action Plan to Accept HOME-ARP funds CONSENT CALENDAR MARCH 21, 2023

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The substantial amendment process requires a public hearing, Housing Advisory Commission recommendation and City Council approval before the City can submit it to HUD for its acceptance.

FISCAL IMPACTS OF RECOMMENDATION
On September 20, 2021 (PY21), HUD awarded $2,735,696 in HOME-ARP funds to the City of Berkeley, and the Council accepted them with Resolution #70,141-N.S.. The City executed the grant agreement for the funds in PY2021 and has until 2030 to spend these funds. Prior to HUD allowing the City to commit or expend the funds, the City must submit an Allocation Plan by March 31, 2023, and HUD must review and accept its Plan.

Accepting these one-time funds will add $2,735,696 to the City’s budget, and be available for expenditure until September 2030. Funding is subject to appropriation in the FY24 budget in the HOME Fund (Fund 310).

Staff recommends that the City allocate up to the allowable 15% ($410,354) of the HOME-ARP funds for administration and planning, up to the allowable 5% ($136,785) for nonprofit capacity building, and the remaining 80% ($2,188,557) to supportive services for the
HOME-ARP qualifying populations; defined as individuals and families who are homeless, at risk of homelessness, or in other vulnerable populations;.

CURRENT SITUATION AND ITS EFFECTS
To expend its allocation of the HOME-ARP funds, the City must submit an allocation plan by March 31, 2023 as a substantial amendment to its PY2021 Annual Action Plan.

In order to approve the allocation plan, the City must hold at least one public hearing and follow its HUD Citizen Particaption Plan. One of the requirements in the City’s Citizen Participation Plan is to submit a substantial amendment, such as this allocation plan, to the Housing Advisory Commission (Commission) for its recommendation to the City Council.

The Housing Advisory Commission reviewed the plan at its regular meeting on March 2, 2023, where the Commission voted (Action: M/S/C (Simon-Weisberg/Fain) Vote: Ayes:

Calavita, Fain, Johnson, Mendonca, Potter, Rodriguez, and Simon-Weisberg. Noes:

None. Abstain: None. Absent: Lee-Egan (Unexcused)) to recommend Council approve the allocation plan (PY2021 Annual Action Plan substantial amendment) to allow for a one-time allocation of $2,735,696 of HOME-ARP funds to supportive services for the qualifying populations.

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Amending the PY21 Annual Action Plan to Accept HOME-ARP funds CONSENT CALENDAR MARCH 21, 2023

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Proposed Uses of HOME-ARP Funds
The attached HOME-ARP Allocation Plan allocates up to 15% ($410,354) of the funds for program delivery, up to 5% ($136,785) for nonprofit capacity building, and the remainder 80% ($2,188,557) to supportive services for the qualifying populations. The eligible types of supportive services are defined in HUD regulations.

HUD’s acceptance of the City’s Plan is not dependent on which supportive services the City will fund, nor which entity will deliver the services. At this time, the City continues to identify the best distribution of funds for these services. Council will have final authority on the distribution method once identified.

A summary of all proposed uses of revenues and expenditures is shown below:

REVENUES HOME-ARP
Total Revenues $ 2,735,696

PROPOSED EXPENDITURES HOME-ARP
Supportive Services $ 2,188,557
Non-Profit Capacity Building $ 136,785
Administration $ 410,354
Total Expenditures $ 2,735,696

BACKGROUND
On March 11, 2021, President Biden signed the American Rescue Plan (ARP) into law.

Congress appropriated $5 billion of ARP funds for the HOME Investment Partnerships Program (HOME) to prevent and address homelessness and serve vulnerable populations. In September 2021, HUD allocated $2,735,696 in HOME-ARP funds to the City of Berkeley. There was no deadline to submit an allocation plan and funds must be spent by September 2030.

On December 14, 2021 Council, through Resolution 70,141-N.S, allocated the funds to a proposed State of California Housing and Community Development (HCD) Homekey Program (Homekey) project. After the Council meeting, staff and the project sponsors determined that including HOME-ARP funds for the Homekey project may jeopardize the City’s application competitiveness for these funds. In the meantime, HUD issued

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Amending the PY21 Annual Action Plan to Accept HOME-ARP funds CONSENT CALENDAR MARCH 21, 2023

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extensive further guidance on what would constitute and acceptable allocation plan. The additional guidance established a requirement for juridictions to submit a HOME-ARP allocation plan on or before March 31, 2023, or forfeit the funds, and clarified that additional public consultation was needed.

Consistent with this additional guidance, staff conducted a thorough public consultation process, including collecting survey responses, conducting individual meetings, and presenting at group meetings with City agencies and community partners serving the qualifying populations. The purpose of these consultations was to fulfill the allocation plan’s requirements in order to to gather input on the unmet needs and the gaps in services for the qualifying populations.

After careful analysis of both the public participation and HOME-ARP guidelines, staff are recommending the use of funds for the delivery of supportive services. Supportive services are defined as those services that help people obtain housing or remain in their homes.

The City, in its further review of the best way to distribute the funds will be mindful of an additional requirement in the use of HOME-ARP funds. That requirement is that all of the HOME-ARP qualifying populationsmust have access to the services provided by the HOME-ARP funds, which includes individuals and families who are homeless, at risk of homelessness, or in other vulnerable populations.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable direct environmental sustainability impact associated with the adoption of this recommendation. Certain HOME-ARP activities are subject to the provisions of 24 CFR Part 58 (Environmental Review Procedures). Funds for such activities may not be obligated or expended until HUD has approved the release of funds in writing. A request for release of funds (RROF) must be accompanied by an environmental certification, and until the RROF is approved and notification is received, no HUD funds shall be committed.

RATIONALE FOR RECOMMENDATION
The HOME-ARP funds will support increasing the availability of supportive services. By committing this money to supportive services the City has the opportunity to further help the qualifiying populations find or remain in the stable and safe housing they deserve. Additionally, community agency partners could benefit from receiving funds for capacity building to help better serve the qualifying populations.

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Amending the PY21 Annual Action Plan to Accept HOME-ARP funds CONSENT CALENDAR MARCH 21, 2023

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ALTERNATIVE ACTIONS CONSIDERED
The City previously tried using the HOME-ARP funds for a Homekey project, but stopped that effort after deteriming that use of HOME-ARP funds would significantly reduce competitiveness for Homekey.

CONTACT PERSON
Joshua Oehler, Community Service Specialist III, HHCS, (510) 981-5408.

Attachments:
1: Resolution:

Exhibit A: PY2021 (FY22) HUD allocations to include HOME-ARP funds 2: City of Berkeley HOME-ARP Allocation Plan (serving as the PY21 Annual Action Plan Substantial Amendment)

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RESOLUTION NO. ##,###-N.S.

AMENDMENT TO THE PY21 ANNUAL ACTION PLAN IN RESPONSE TO THE HOME INVESTMENT PARTNERSHIPS PROGRAM – AMERICAN RESCUE PLAN (HOME-

ARP) FUNDING
WHEREAS, on March 11, 2021 the American Rescue Plan (ARP), became Public Law 117-2, and it provides $5 billion in ARP funds to be administered through the HOME Investment Partnerships Program (HOME) and that these funds must primarily benefit qualifying individuals and families who are homeless, at risk of homelessness, or in other vulnerable populations.; and
WHEREAS, the City of Berkeley is an entitlement jurisdiction which receives HOME Investment Partnership Program (HOME) funds from the US Department of Housing and Urban Development (HUD) and received an award of $2,735,696 in HOME-ARP funds from HUD on September 20, 2021; and
WHEREAS, HUD requires the City of Berkeley develop a HOME-ARP allocation plan that meets the requirements established in section V. of CPD Notice CPD-21-10, and to submit the allocation plan as a Substantial Amendment to its Program Year 2021 Annual Action Plan by March 30, 2023; and
WHEREAS, the City of Berkeley has a Program Year 2021 Annual Action Plan, that articulates how the City plans to spend HUD HOME allocations; and WHEREAS, under the ARP, HUD has issued flexibilities for HOME-ARP funds stating that they are not subject to the same consultation and citizen participation requirements that otherwise apply to the HOME funds, however, at minimum, grantees are required to hold at least one public hearing and solicit public comment for a minimum of 15 days; and WHEREAS, the City’s Citizen Participation Plan requires that the City conduct a public hearing when major changes constituting a Substantial Amendment to the spending plan are proposed; and
WHEREAS, the City conducted the public hearing during the Housing Advisory Commission’s regular meeting on March 2, 2023; and
WHEREAS, HUD has issued waivers to 1) per-unit cost limits (42 U.S.C. 12742(e)), 2) 24-month commitment deadline (42 U.S.C. 12748(g)), 3) matching requirements (42 U.S.C. 12750) 4) Community Housing Development Organization (CHDO) Set-Aside Requirement 5) administrative and planning set-aside, increased to 15%, and 6) public comment requirement, now allows for revisions to the Citizen Participation Plan that include a shorter public comment period; and

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WHEREAS, on December 14, 2021 Council adopted Resolution 70,141-N.S. allowing the City to expend HOME-ARP funds on a Homekey project; and WHEREAS, the City established the following ERMA budget codes HOME-ARP: 530- 2075-000-444-Various-; and revenues: 533-2028-000-000-431110- in that resolution; and
WHEREAS, since that time the City has determined that HOME-ARP funds are not compatible with the Homekey program, and has developed a new allocation plan for a different use of the HOME-ARP funds; and
WHEREAS, failure to accept the City’s allocation plan by March 1, 2023, would result in loss of these funds for the City; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager, or her designee, is authorized to:

1. Amend the PY2021 Annual Action Plan to expend up to 15% ($410,354) of the HUD, HOME-ARP funds for administration and planning, up to 5% ($136,785) for nonprofit capacity building, and the remainder (80%) ($2,188,557) to supportive services that benefit all the qualifying populations, totaling $2,735,696. If the HOME-ARP award amount is modified, the same formulas will be applied for allocating funds.

2. Submit the approved PY2021 Annual Action Plan Substantial Amendment to HUD, and accept andy resulting agreements, and amendments thereto with HUD.

A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

Exhibit: A: PY2021 HUD allocations to include HOME-ARP funds

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Exhibit A: PY21 HUD HOME-ARP Allocations

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CITY
OF

BERKELEY

DRAFT HOME-ARP Allocation Plan
for Housing and Community Development

(serving as the PY21 Annual Action Plan
Substantial Amendment)
for funding under the
U.S. Department of Housing and Urban Development,
HOME Investment Partnerships Program – American
Rescue Plan (HOME-ARP)

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For questions about this document, please contact Joshua Oehler, Community Services Specialist III, Housing and Community Services at [email protected] or telephone at (510) 981-5408 
In accordance with the Americans with
Di
sabilities Act and California law, it is the
policy of the City of Berkeley to offer
documents in a manner th
at is readily
accessible to everyone, including individuals
with disabilities and those who may need
translation services.

If you are a person with a disability and require
information or materials in an appropriate
alternative format or if you require any other
accommodation, please contact the City of
Berkeley Disability Compliance Program by:
• Telephone: (510) 981-6418
• TTY: (510) 981-6347
• Email: [email protected]
• Mail: Department of Public Works, Attn: Disability Services 1947 Center Street, 4th Floor, Berkeley, California 94704 
We want to communicate effectively with all residents. To request interpretation services please contact the Housing & Community Services Department at (510)981-5400 or [email protected]

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3 City of Berkeley DRAFT HOME-ARP Allocation Plan

City of Berkeley
HOM
E-ARP Allocation Plan
DRAFT

Participating Jurisdiction: City of Berkeley Date: March 31, 2023 Consultation

In accordance with Section V.A of the Notice (page 13), before developing its HOME- ARP allocation plan, at a minimum, a PJ must consult with:
• CoC(s) serving the jurisdiction’s geographic area,

• homeless service providers,
• domestic violence service providers,
• veterans’ groups,
• public housing agencies (PHAs),
• public agencies that address the needs of the qualifying populations, and • public or private organizations that address fair housing, civil rights, and the needs of persons with disabilities.

Describe the consultation process including methods used and dates of consultation:

The City sent an online survey to agencies and service providers whose clientele include the HOME-ARP qualifying populations to identify unmet needs and gaps in housing or service delivery systems, and to determine the HOME-ARP eligible activities currently taking place within the City to identify potential areas of collaboration. The survey used a template that is Section 508 and WCAG2 compliant, for accessibility. It allowed for agencies and survey providers to upload data that would help the City better understand the needs and gaps in services of the qualifying populations and provided contact information for the City to provide additional feedback. The survey was emailed to 44 agencies and service providers on January 18, 2023 and the collection period ended on January 25, 2023. Fourteen responses were received from agencies serving all four qualifying populations, including 8 respondents serving Veterans.

The City gained a greater understanding of the unmet needs and gaps in services, with respect to the qualifying populations, by meeting with individuals from agencies and service providers. These meetings were about 30 minutes in length each and occurred between February 1st and February 17th.

Finally, the City presented on the HOME-ARP program, its requirements, and opportunities, during the February 17
th monthly meeting facilitated by the City, that is
open to all providers of services to people experiencing homelessness.

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4 City of Berkeley DRAFT HOME-ARP Allocation Plan

List the organizations consulted:

Agency/Org
Consulted
Type of
Agency/Org
Method of
Consultation Feedback
Everyone HOME CoC Serving
Berkeley
QP1
Meeting (2/9/23) There is a need for
supportive services to help
unhoused people meet their
essential needs and for more
peer-led programs
Downtown
Streets Team-
agency not
regularly
involved in CoC
Homeless
Services Provider
serving QP1
Meeting Request (1/27/23) No Response
Suitcase Clinic-
agency not
regularly
involved in CoC
Homeless
Services Provider
serving QP1
Meeting Request (1/27/23) No Response
Dorothy Day
House - agency
not regularly
involved in CoC
Homeless
Services Provider
serving QP1
Presentation to homeless
services provider meeting
(2/17/23)
No Response
UC Berkeley –
Homeless
Services
Homeless
Services Provider
serving QP1 not
involved in CoC

Meeting (2/17/23) There is a need for flexible
and low barrier short-term
motel stays and liaison
services between landlords
and eligible program
participants
Bay Area
Community
Services
Homeless
Services Provider
Serves QP1,
QP2, QP3 and
QP4
Meeting (2/17/23) and
Survey
There is a need for
specialists and resources to
address hoarding to keep
people housed
Abode Services Homeless
Services Provider.

Serves QP1,
QP2, QP4, and
Veterans
Survey Qualifying populations need
more affordable housing,
income stability, housing
search, health/mental health
resources
Berkeley Food
and Housing
Project
Homeless
Services Provider.

Serves QP1,
QP2, QP3, QP4
and Veterans
Survey Qualifying populations need
supportive services to
prevent, gain, and retain
housing as well as housing
opportunities.

Satellite
Affordable
Housing
Associates
Homeless
Services Provider.

Serves QP1,
QP2, QP3, QP4
and Veterans
Survey Qualifying populations need
quality, affordable homes and
services

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5 City of Berkeley DRAFT HOME-ARP Allocation Plan
Agency/Org
Consulted
Type of
Agency/Org
Method of
Consultation Feedback
Family Violence
Law Center*
Domestic
Violence Service
Provider serving
QP3
Survey No Response
Women’s
Daytime Drop-in
Center
Domestic
Violence Service
Provider. Serves
QP1, QP2, QP3,
and QP4.

Meeting (2/1/23) and
Survey
Priority needs are domestic
violence shelter, rental
assistance for QP1 & QP3,
shelter staffing, and mental
health staffing.

Berkeley
Housing
Authority
Public housing
agency (PHA)
serving QP1,
QP2, QP3, QP4,
and Veterans
Meeting (2/6/23) and
Survey
Mainstream voucher holders,
particularly seniors and
veterans, need supportive
services
Berkeley Police
Department
Public agency
that addresses
the needs of
qualifying
populations.

QP1, QP2, QP3,
and QP4

Meeting (11/10/21) and
Survey
There is inadequate housing
in the area that can
effectively shelter victims of
human trafficking in Berkeley.

It is not uncommon for a
victim of domestic violence to
have to wait two or three
days for a bed at a safe
shelter, once they have
requested it.

When victims of domestic
violence are housed in a safe
shelter, they can be without
essential household and
hygiene items, and little to no
financial resources to acquire
these items.

Berkeley Fire
Department
Public agency
that addresses
the needs of
qualifying
populations.

QP1, QP2, QP3,
and QP4
Survey No Response
City of Berkeley
Mental Health
Division*
Public agency
that addresses
the needs of
qualifying
populations.

QP1, QP2, QP3,
and QP4
Survey No Response
City of Berkeley
- Neighborhood
Public agency
that addresses
Meeting (1/26/23) Support for the unsheltered
that leverages State

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6 City of Berkeley DRAFT HOME-ARP Allocation Plan
Agency/Org
Consulted
Type of
Agency/Org
Method of
Consultation Feedback
Services -
Homeless
Response
Team*
the needs of
qualifying
populations.

QP1, QP2, and
QP3
encampment resolution funds
should be a priority

City of Berkeley
– Aging
Services
Division*
Public agency
that addresses
the needs of
qualifying
populations.

QP3 and QP4
Survey Qualifying population needs
are: food, housing,
socialization, long-term case
management. The gaps in
services are: Housing
navigation, caregiving
assistance, resources for
severe mental health illness
and substance abuse.

City of Berkeley
Library Social
Worker
Public agency
that addresses
the needs of
qualifying
populations.

QP1, QP2, QP3
and QP4
Survey Qualifying populations need
more shelter and housing
resources followed by
benefits and employment
City of Berkeley
– Public Health
Division
Public agency
that addresses
the needs of
qualifying
populations.

QP1, QP2, QP3
and QP4
Survey No Response
Eviction
Defense Center
Private
organization that
addresses civil
rights and fair
housing. Serves
QP2, QP4, and
Veterans.

Survey Qualifying populations need
rental assistance, financial
assistance for housing
stability related items, and
assistance applying for
affordable housing.

The Eden
Council for
Hope and
Opportunity
(ECHO Housing)
Private
organizations that
address civil
rights and fair
housing. Serves
QP2 and QP4.

Meeting (2/1/23) There will be an explosion of
need for rental assistance,
legal services, and housing
counseling when the eviction
moratorium ends
Center for
Independent
Living
Private
organization that
addresses the
needs of persons
with disabilities.

Serve QP1, QP2,
Meeting (2/6/23) and
Survey
Flexible funding for low-cost
accessibility tools like
commode chairs and
threshold ramps are critical
for ensuring people with

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7 City of Berkeley DRAFT HOME-ARP Allocation Plan
Agency/Org
Consulted
Type of
Agency/Org
Method of
Consultation Feedback
QP3, QP4, and
Veterans
disabilities can access and
remain in shelter and housing
Through the
Looking Glass
Private
organization that
addresses the
needs of persons
with disabilities
and low-income
families. Serves
QP1, QP2, QP3,
and QP4
Survey Families with disabilities often
have difficulty finding and
affording accessible housing.

Easy Does it Private
organization that
addresses the
needs of persons
with disabilities
and seniors.

Serves QP2 and
QP4.

Survey Qualifying populations needs
include transportation
services, in-home care and
assistance, assistive device
repair, support to hire and
maintain in-home care
workers.

Toolworks Private
organization that
addresses the
needs of persons
with disabilities.

Serves QP1, QP2
and QP4.

Survey Qualifying populations need
housing, rental subsidies, and
employment assistance.

Rebuilding
Together East
Bay North
Private
organization that
addresses the
needs of low-
income seniors,
veterans, and
adults with
disabilities.

Serves QP2 and
QP4
Survey Service gaps include making
residential bathrooms
accessible for older adults
and clean out services to
prevent displacement
Berkeley City
College
Veterans
Resource
Center
Public
organization that
addresses the
needs of
veterans.

Meeting Request (1/31/23) No Response
Swords to
Plowshares
Public
organization that
addresses the
needs of
veterans.

Meeting (2/15/23) There is a need for more
programs that help veterans
age in place and building
social connections and
community

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8 City of Berkeley DRAFT HOME-ARP Allocation Plan
Agency/Org
Consulted
Type of
Agency/Org
Method of
Consultation Feedback
East Bay
Housing
Organization –
Berkeley
Committee
Private
organizations that
address the
needs of QP1,
QP2, QP3, and
QP4
Meeting (2/10/23) Attendees encouraged to fill
out survey

Summarize feedback received and results of upfront consultation with these entities:

The two largest needs identified through the survey for all qualifying populations were supportive services and affordable rental housing. Service gaps identified by survey respondents included mental health and recovery services, wraparound services, accessibility resources, case management, housing navigation, and nonprofit capacity building and operating support. These findings were echoed by consultation meetings, where agencies also emphasized that each qualifying population needs tailored services and programming to meet their unique circumstances.

Public Participation

PJs must provide for and encourage citizen participation in the development of the HOME-ARP allocation plan. Before submission of the plan, PJs must provide residents with reasonable notice and an opportunity to comment on the proposed HOME-ARP allocation plan of no less than 15 calendar days. The PJ must follow its adopted requirements for “reasonable notice and an opportunity to comment” for plan amendments in its current citizen participation plan. In addition, PJs must hold at least one public hearing during the development of the HOME-ARP allocation plan and prior to submission.

For the purposes of HOME-ARP, PJs are required to make the following information available to the public:
• The amount of HOME-ARP the PJ will receive,
• The range of activities the PJ may undertake.

Describe the public participation process, including information about and the dates of the public comment period and public hearing(s) held during the development of the plan:
• Date of public notice: February 24, 2023

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9 City of Berkeley DRAFT HOME-ARP Allocation Plan
• Public comment period: start date – March 3, 2023. end date – March 18, 2023.
• Date of public hearing: March 2, 2023.

Describe the public participation process:

A Public Hearing on the PY21 Draft Annual Action Plan Substantial Amendment #1 (HOME-ARP Allocation Plan) was held on March 2, 2023 before the City of Berkeley Housing Advisory Commission. The City published the public notice notifying the community of the public hearing and the opportunity to provide public comment on the draft plan after the public hearing.

The Housing Advisory Commission recommended the City Council approve the City’s HOME-ARP Allocation Plan and, as required by the City’s Citizen Participation Plan, the City Council reviewed and approved the Housing Advisory Commission’s recommendation.

Describe any efforts to broaden public participation:

Several efforts were made to broaden public participation. The draft Amendment was posted on the City's website, and a copy was presented at the City Council’s March 21, 2023 meeting. The City distributed the hard copy and electronic flyer mailings to interested parties, including Alameda County-wide Homeless Continuum of Care, community agencies serving low-income people, and public buildings such as recreation centers, senior centers, libraries and other government buildings. The public notice was published in English, Spanish and Mandarin. The Notice also made clear how the public can request reasonable accommodations and meaningful access to the plan in accordance with fair housing and civil rights requirements and the City’s citizen participation plan.

A PJ must consider any comments or views of residents received in writing, or orally at a public hearing, when preparing the HOME-ARP allocation plan.

Summarize the comments and recommendations received through the public participation process:

TBD.

Summarize any comments or recommendations not accepted and state the reasons why:

TBD.

Needs Assessment and Gaps Analysis
PJs must evaluate the size and demographic composition of qualifying populations within its boundaries and assess the unmet needs of those populations. In addition, a PJ must identify any gaps within its current shelter and housing inventory as well as the

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10 City of Berkeley DRAFT HOME-ARP Allocation Plan
service delivery system. A PJ should use current data, including point in time count, housing inventory count, or other data available through CoCs, and consultations with service providers to quantify the individuals and families in the qualifying populations and their need for additional housing, shelter, or services. The PJ may use the optional tables provided below and/or attach additional data tables to this template.

Ho
meless Needs Inventory and Gap Analysis Tabl
e
Homeless
Current Inventory Homeless Population Gap Analysis
Family Adults Only Vets Famil
y HH
(at
least
1 child)
Adult
HH
(w/o
child)
Vets
Victim
s of
DV
Family Adults Only
# of
Beds
# of
Units
# of
Beds
# of
Units
# of
Beds
# of
Beds
# of
Units
# of
Beds
# of
Units
Emergency
Shelter 50 12 221 221 12
Transitional
Housing 42 10 54 54 42
Permanent
Supportive
Housing
98 25 341 341 0
Other
Permanent
Housing
28 10 27 0
Sheltered
Homeless 51 295 21 87
Unsheltered
Homeless 0 813 60 203
Current Gap +111 +48 -502 -502
Data Sources: 1. Point in Time Count (PIT); 2. Continuum of Care Housing Inventory Count (HIC); 3. Consultation

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11 City of Berkeley DRAFT HOME-ARP Allocation Plan
Housing Needs Inventory and Gap Analysis Table
Non-Homeless
Current
Inventory Level of Need Gap Analysis
# of Units # of Households # of Households
Total Rental Units 29,822
Rental Units Affordable to HH at 30%
AMI (At-Risk of Homelessness) 1,455
Rental Units Affordable to HH at 30% -
50% AMI (Other Populations) 640
Total 2,095
0%-30% AMI Renter HH w/ 1 or more
severe housing problems
(At-Risk of Homelessness)
6,275
30%-50% AMI Renter HH w/ 1 or more
severe housing problems
(Other Populations)
3,205
Total 9,480
Current Gaps -7,385
Data Sources: 1. American Community Survey (ACS); 2. Comprehensive Housing Affordability Strategy (CHAS)

Describe the size and demographic composition of qualifying populations within the PJ’s boundaries:

Homeless:

The most recent (2022) point in time (PIT) count found 1,057 people who were homeless in Berkeley, three quarters (803) of whom were unsheltered. The majority of unsheltered persons were sleeping either in a tent or on the street (67 percent) or in a vehicle (33 percent). About half (68%) of everyone in the count had been living in Alameda County (the County Berkeley is a part of) for ten years or more, and another 9% for five to nine years. 75% of the Alameda County PIT count respondents had been experiencing their current episode of homelessness for one year or more.

Wh
ile 8% of Berkeleyans identify as Black/African American, the PIT coun t found that
45% of all people who were sheltered homeless residents of Berkeley were Black/African American. Conversely, 58% of the total population of Berkeley identifies as white, but 36% of the people found to be experiencing sheltered homelessness in Berkeley were white. Similarly, 2% of the sheltered homeless population in the Berkeley identified as Asian, but 21% of all residents were Asian. People in the PIT count who identified as Latinx/Hispanic, Multi-Racial, American Indian or Alaskan Native and Native Hawaiian or Pacific Islander experienced sheltered homelessness at disproportionate rates compared to the Berkeley total population.

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12 City of Berkeley DRAFT HOME-ARP Allocation Plan
Two-thirds of all people who were counted as sheltered homeless in the 2022 PIT count identified as male, 31% female, 0.8% transgender and 0.4% no single gender. Fourteen percent of people in the 2019 PIT count identified as LGBTQ+.

The 2019 PIT count is the most recent data source for other demographic information about Berkeley’s unhoused population. The majority of people in the 2019 PIT count (73%) were between the ages of 25 and 69 and 17% were 60 years of age or older.

There was one unaccompanied youth counted as homeless and additional 81 people were young adults.

In 2019, only five percent of the homeless population were persons in families, while the remaining 95 percent were single individuals.

A little more than a third (35%) of people who were found to be homeless during the PIT count in 2019, were chronically homeless and nearly 6 in 10 were unsheltered. Forty- one percent of all people who were homeless reported a disabling condition.

Because “most homeless services experts agree that the HUD point in time count undercounts the number of people experiencing homelessness in a community,” to get a more accurate and detailed understanding of the homeless population in Berkeley, the City produced a report in 2019, the 1,000 Person Plan to Address Homelessness, that used 42,500 individual records from the homeless management information system (HMIS), between the years 2006 and 2017.

Analysis of this data, found that “over the course of a year in Berkeley, nearly 2000 people experience homelessness of some duration. This number has been steadily growing at an average rate of 10% every 2 years and is highly disproportionate in its racial disparity: since 2006, 65% of homeless service users in Berkeley identify as Black or African American, compared to a general population of less than 10%.”

At Risk of Homelessness:

To account for all persons at-risk of becoming homeless is difficult because this population does not always present themselves to the homelessness response system and there is not an alternative systematic way to collect this data.

How
ever, we can analyze the mos
t recent (2014-2018) Comprehensive Housing
Affordability Strategy (CHAS) data. This data contains elements of households that go some way to meeting the definition of “at risk of homelessness” found in 24 CFR 91.5.

Specifically, the CHAS data breaks down occupied housing units by HUD Area Median Family Income (HAMFI)1, including 30% and below of HAMFI and by their housing

1 HAMFI – HUD Area Median Family Income. This is the median family income calculated by HUD for each jurisdiction, in order to determine Fair Market Rents (FMRs) and income limits for HUD programs. HAMFI will not

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13 City of Berkeley DRAFT HOME-ARP Allocation Plan
problems. This analysis uses severe housing problems2 as a proxy for the non-income criteria found in definition, thus coming close to the precise definition of “at risk of homelessness”.

The CHAS data shows that about 16% of all households in housing units, in Berkeley, meet this proxy definition of “at risk of homelessness”. Five percent of all households in owner occupied units and 24% of all households in renter occupied units are” at risk of homelessness”. This data also provides estimates of the racial and ethnic makeup for the heads of households in these units. Households headed by people who identify as Asian and Black or African American, are overrepresented in this category, as compared to the total share of all housing units (see table below).

Race of Head of Household <=30% HAMFI & at least 1
Housing Problem All Housing Units
White alone, non-Hispanic 43% 62%
Black or African-American
alone, non-Hispanic 13% 8%
Asian alone, non-Hispanic 28% 17%
American Indian or Alaska
Native alone, non-Hispanic 1% 0.4%
Pacific Islander alone, non-
Hispanic 1% 0.3%
Hispanic, any race 9% 8%

The Terner Center’s December 2021 report, “On the Edge of Homelessness”, found that Extremely Low Income (ELI) households in the Bay Area are “more likely to include a person over 65 than higher income households, but they also represent a disproportionate share of children in the region.” The report also found that over 75 percent of employed ELI individuals are working-age adults who are primarily engaged in low-wage work, and that “Black and Hispanic/Latinx individuals, women, and immigrants are disproportionately represented among the low-wage labor force in the Bay Area.”

A May 2022 report from the California Budget Center found that half of low-income renters, who were hit hardest by pandemic-related job loss and suffering as inflation drives up the costs of food, energy and other necessities, are struggling to afford housing costs. The report also found that Black and Latinx renters are experiencing higher rates of housing hardship, and that half of California renters experiencing housing hardship are families with children.

necessarily be the same as other calculations of median incomes (such as a simple Census number), due to a series of adjustments that are made (For full documentation of these adjustments, consult the HUD Income Limit Briefing Materials).
2 The four housing problems are: incomplete kitchen facilities; incomplete plumbing facilities more than 1 person per room; and cost burden greater than 30%.

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14 City of Berkeley DRAFT HOME-ARP Allocation Plan

Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking:

In the absence of comprehensive data, this report has consulted with the Berkeley Police Department (BPD) for available domestic violence data. While incomplete, given that not every victim has an accompanying case to record their victimization, examining criminal case data provides a reasonable approximation of the size and demographic makeup of this qualifying population.

In 2019, the BPD recorded 260 cases of domestic violence. In 2020, the number of cases increased to 241 and as of October 31
st, there were 199 cases in 2021.

Approximately, three quarters of the victims, during each time period, were female and a quarter were male. A disproportionately large number of victims have been Black or African American, compared to the total Berkeley population (~50% of victims each year vs. 6% of total population), and a disproportionately low number of victims identified as white or Asian. Fifty-four percent of the total Berkeley population identified as white, while the percent of victims who identify as white were 25, 31 and 24%, respectively.

Similarly, 22% of the Berkeley population is Asian, while 7, 4, and 3% of victims identified as Asian, respectively.

Using BPD data of sexual assault cases, we find that there were 74 victims of this crime in 2019, 62 in 2020 and 47, as of October 31
st, in 2021. The sex of the victims was
largely female. In 2019, 85% were female, in 2020 the percentage was 95 and as of the end of October 87% of victims were female. The racial and ethnic disproportionality for sexual assault victims is different than it is from domestic violence victims. Sexual victims who identified as Black of African American made up 14% of all victims in 2019, 23% in 2020 and 23% in the most recent data from 2021 (up to October 31, 2021).

These proportions are still disproportionate compared to the total population (6%), but less so than domestic violence victims. The proportion of sexual assault victims who identify as white (51 in 2019, 51 in 2020 and 36 as of October 31, 2021) is largely the same as the total population 54%.

The 2019 PIT count offers us a view of the size of the homeless population that had experience domestic violence. Five percent of the respondents in the Berkeley count reported currently experiencing domestic violence or abuse, compared to 6% of respondents in Alameda County. Twenty-five percent of the 2019 PIT count respondents in Berkeley reported a history of experiencing physical, emotional or sexual abuse by a relative or by a person with whom they have lived.

Other Populations:
(1) Other Families Requiring Services or Housing Assistance to Prevent Homelessness

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15 City of Berkeley DRAFT HOME-ARP Allocation Plan
The City of Berkeley currently funds a Housing Retention Program (HRP) that provides emergency rental assistance to qualifying individuals. This program has provided emergency rental assistance for 257 households during FY21, 223 of whom were formerly homeless.

Of those recipients of emergency rental assistance who were formerly homeless, 62% were households where the head of the household was Black or African American. This is in stark contrast to the 8% of of all households in Berkeley headed by someone who identifies as Black or African American. Similarly, head of households who identify as Hispanic/Latinx make up 8% of the total households in Berkeley, but were 15% of all emergency rental assistance recipients.

Conversely, 16% of all recipient, head of households, who were formerly homeless identified as white, compared to 62% of all head of households in Berkeley, and 17% of all head of households in Berkeley identify as Asian, but only 4% of emergency rental assistance recipients identify as Asian.

The largest age demographic, when broken by ten-year age groups, for this cohort, were 60-69 year olds. A little over 1 in 5 of the recipient head of households were in this age group. Just under 1 in 5 recipient head of households were in the 30-39 and 40-49 age ranges, each.

Notably, 67% of all households receiving emergency assistance from the HRP, whose head of household was formerly homeless, had a child or adult with a disability in the household. Almost a quarter of the households were headed by single parent households.

The Rapid Rehousing programs within the City also have participants that meet the definition of this qualifying population. Participants of this program are formerly homeless individuals, notably it does not include families, who receive a temporary rental subsidy while they participate in supportive services that are meant to transition them to permanent housing. Data pulled from HMIS for the period of July 2020 to March 2021 from HMIS shows that there were 153 people served in this program, 41% of whom were female, 58% male and 1% trans women. Sixty-nine percent of participants identified as Black or African American and 25% white. The plurality of participants (31%) were 55-64 years of age. Twenty-five to 34-year-olds made up the next largest share of participants, by age group, at 21%, and a similar share (19%) was made up of 45 to 54-year-olds.
(2) At Greatest Risk of Housing Instability
(i) has annual income that is less than or equal to 30% of the area median income, as determined by HUD and is experiencing severe cost burden (i.e., is paying more than 50% of monthly household income toward housing costs) According to the most recent (2015-2019) CHAS data, there were an estimated 45,350 occupied housing units in Berkeley. Of these, an estimated 6,760 (15%) were comprised of a household with an annual income that was less than or equal to 30% of

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16 City of Berkeley DRAFT HOME-ARP Allocation Plan
the area median income, as determined by HAMFI, and were experiencing severe housing cost burden (i.e. paying more than 50% of monthly household income toward housing costs). Broken down by tenancy type, this amounted to 5% of owner-occupied units and 23% of all renter occupied units.

According to 2014-2018 CHAS data, the largest proportion (49%) of the owner-occupied units were households categorized as non-family elderly. Whereas, the largest share (69%) of renter occupied units meeting this definition of qualifying population, were households described as non-elderly and non-family.

Almost all of the units meeting this definition, 100% of owner and 95% of renter occupied unit had complete plumbing and kitchen facilities.

While there is no readily available data that estimates the racial and ethnic breakdown of this qualifying population, 2014-2018 CHAS data has been used to estimate the racial and ethnic breakdown for the population that meets the criteria of households that have a housing cost burden of 50% or greater. Using this proxy, we find that percentage of households headed by someone who identifies as Asian (26%), is disproportionately higher than it is for the total household population of Berkeley (17%). There is also an overrepresentation of housed Black or African American headed households, that fall under this categorization (11% of >=50% housing cost burden vs. 8% of total housed households). Relatedly, white headed households are underrepresented in this category (49%), compared to the total population of occupied housing units (62%).

(ii) has annual income that is less than or equal to 50% of the area median income, as determined by HUD, AND meets one of the seven conditions from paragraph (iii) of the “At risk of homelessness” definition established at 24 CFR

91.5. The most recent CHAS data can also be used to provide a limited understanding of individuals and families that meet the definition of this qualifying population. There are several ways in which an individual or family can meet the criteria for this qualifying population. One of these ways, households living in units with 1.5 or more people and a HAMFI less than or equal to 50%, is covered in the CHAS data. According to the 2014- 2018 CHAS, an estimated 2% of all occupied housing units are made up of households that meet this criterion, all of which are renter occupied households. Of those households, 25% are families and 75% are non-family households.

In its 2020 Consolidated Plan the City of Berkeley defined the “At risk of homelessness” subpart, “(G) Otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness, as identified in the recipient's approved consolidated plan”; as the high cost burden of housing characteristic in Berkeley. Using the number of households with a housing cost burden of greater than

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17 City of Berkeley DRAFT HOME-ARP Allocation Plan
30% as a high cost burden, and a HAMFI of less than or equal to 50%, we can utilize CHAS data to further understand the size and demographics of this population.

In Berkeley, 30% of all households occupying a housing unit have an income that is 50% or less of HAMFI and pay 30% or more on their housing costs. Broken down by type of tenancy, 10% of owner occupied and 44% of renter occupied units carry this housing cost burden. Low-income renters have a greater housing cost burden.

We can further breakdown the households who meet this criterion by their type of household. According to the data using the 2014-2018 American Community Survey, the most recent version of CHAS, we find that 59% of households in this subcategory are defined as non-family and non-elderly. The next most prevalent household type is, elderly non-family making up 21% of the subpopulation, followed by small families 3 (15%) and elderly families4 and large families5 (2% each).

The closest approximation to a breakdown of households that meets the definition for this qualifying population, by race and ethnicity, is the breakdown by housing cost burden found in the current CHAS data tables (meeting subpart (G) of the “at risk” definition). For all households living in a housing unit with a housing cost burden greater than 30% (18,229 estimated) we find in this data series, that 54% are headed by someone who identifies as white, 11% as Black or African American, 20% as Asian, 1% as American Indian or Alaskan Native, 0.5% as Pacific Islander, 9% as Hispanic and 5% as multi-racial or a race not identified in the survey. These percentages largely mirror the share of occupied units throughout Berkeley by race and ethnicity (62% white, 8% Black or African American, 17% Asian, 0.4% American Indian or Alaskan Native, 0.3% Pacific Islander, 8% Hispanic and 4% multi-racial or a race not specified in the data).

Veterans and Families that include a Veteran Family Member – tha t meet the
criteria for one of the qualifying populations described above:

The 2019 PIT count found that 81 people (7%) who were homeless were Veterans. The large majority (74%) of Veterans counted were living in unsheltered conditions.

An a
nnual report from an agency that serves Bay Area veterans found that 50% of veterans served are over the age of 55, 44% have a disabling conditions such as a traumatic brain injury, and 51% are unhoused. 54% of this agency’s clients are veterans of color and 40% are Black veterans.

Describe the unmet housing and service needs of qualifying populations, including but not limited to:

3 Small family is defined as: 2 persons, neither person 62 years or over, or 3 or 4 persons 4 Elderly family is defined as: 2 persons, with either or both age 62 or over 5 Large family is defined as: 5 or more persons

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18 City of Berkeley DRAFT HOME-ARP Allocation Plan
• Sheltered and unsheltered homeless populations;
• Those currently housed populations at risk of homelessness; • Other families requiring services or housing assistance or to prevent homelessness; and,
• Those at greatest risk of housing instability or in unstable housing situations:

Homeless, At Risk of Homelessness & Other Populations at Greatest Risk of Housing Instability:

Needs Identified by People with Lived Experience
In August 2022, the Alameda County Continuum of Care, EveryOneHome, convened a wor
k group to help dev
elop the Plan for Serving Individuals and Families Experiencing Homelessness with Severe Service Needs. The group has six members, all of whom have experienced or are currently experiencing homelessness. Some of the group members have experienced living outside and/or in a vehicle. They have held two meetings to identify recommended strategies to be pursued either through multiple funding sources and processes.

As part of their discussions and deliberations, the Work Group identified the following recommendations and ideas for how to better address unsheltered homelessness:
• Terms used to described people experiencing homelessness, such as “unsheltered”, are intended to be respectful but in many ways, can actually be offensive, giving a technical definition to an experience that is traumatizing and tragic. Whatever terms we use, it is important to always strive to preserve the dignity and humanity of people we are talking about. HUD’s official definitions are also very restrictive and tend to exclude a lot of people that are unstably housed. • Each person who experiences homelessness is unique and has their own story.

Policies and programs should not treat people who are unhoused as a monolithic group.
• In general, programs and services need to be more individualized and oriented to the needs of individuals who are unhoused. In particular, we need improved “connectivity” throughout the system. The system is very difficult to navigate, and people need help getting from Point A to Point B. Speed and responsiveness are also important. People have to wait much too long for assistance. People need housing now—not many years from now.
• There needs to be more accountability and transparency about how public funds are spent. People who are staying in a program (e.g., a shelter) that receives public dollars should be able to see how the program is paid for, what the funding sources are, and how the money is spent.
• Program rules need to be more flexible to make it possible for people to succeed.

Rules tend to be made and enforced by people who have never experienced homelessness. “Don’t tell me what is best for me if you have not walked in my shoes.”

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19 City of Berkeley DRAFT HOME-ARP Allocation Plan
• Fundamentally, homelessness is a problem caused by insufficient affordable housing and people not having sufficient income to afford housing.

The Work Group identified some key strategies that should be prioritized through feder
al funding.
a. I
mmediate Needs/Hygiene
• There is a need for showers, laundry, clothing, bathrooms, and other ways to help people meet basic hygiene needs while they are unsheltered. It is hard to find a job or a place to live when you are not able to be clean or have clean clothing. Basic hygiene provides dignity and is essential. • Phones are also critical; it is hard to keep a hold of a phone when you are unsheltered, and people need phones to be able to access any help (services, shelter, housing).
b. Mental Health and Trauma
• Being unhoused is incredibly traumatizing and can cause or exacerbate mental health and/or substance use issues. Being unhoused can cause people to become mentally unwell due to the stress of being outside, fear for safety, and focus on basic survival. It is hard to do things as basic as keeping appointments. • It is essential that staff from programs are understanding of trauma and how difficult it can be to transition back to housing. Staff sometimes underestimate the level of stress that people are experiencing, and the long-term effects of this trauma.
• Once people are placed into housing, there needs to be more focus on helping to meet mental health needs and supporting them to rebuild their lives. There is a need for reintegration services to help people relearn things to rebuild a life. • Mental health and substance abuse services are insufficient. c. Street Outreach
• Street outreach programs will be much more effective if outreach teams include peers who have experienced homelessness. Train and pay peers, including people currently living in encampments, to be outreach workers, navigators, ambassadors.
• Offer outreach at night when people are awake.
• All outreach workers should be subject matter experts and have up-to-date and accurate information on available resources.
• All outreach teams should enter data into the Homeless Management Information System (HMIS) in real-time, so information can be shared and used to help connect people to what they need right away.
d. Physical Service “Hubs”
• In addition to street outreach, there is a need for physical “hubs” for drop-in services where people can go to get information and to communicate with each other and with case managers. One key function of hubs would be a place people can go to find out the status of their housing applications and ensure they don’t miss out on opportunities due to not having a phone or not getting

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20 City of Berkeley DRAFT HOME-ARP Allocation Plan
messages in a timely way. The hubs would also be a place people could receive mail, access immediate needs like clothing, laundry or showers, and a place to safety store important documents so that they are not lost or stolen. • Hubs should be a place where people can regularly meet Case Managers, as well as access other professionals, such as medical provider and attorneys. • Hubs should be organized by quadrants (north, south, east, and west parts of the County) and there should be a bus to provide free access to hubs. Ideally, each City should be responsible for setting up a hub.
e. Encampments and Peer Navigators
• Identify people living in encampments who are interested in leadership roles and invite them to be part of a council that works with the cities on policies relating to encampments.
• Employ people living in encampments to do clean-up and other kinds of work through Public Works.
• Identify people living in encampments who can serve as ambassadors for outreach teams. People are more likely to share personal information and seek help from someone that they know and trust.
• There is a need for more peer navigators and peer counselors throughout the system. Peer navigators should be trained and compensated for their time. Policy change is needed so that stipends/wages do not jeopardize benefits such as housing or other benefits received.
f. Shelter and Housing
• It can be very challenging to move directly from streets to housing. Sometimes people need a place where they can transition (e.g., transitional housing), or a time in which they receive more intensive services during a time of transition into housing
• Provide services and supports to people who are newly housed. If their trauma and crisis is not addressed, people will return to homelessness. There is a need for landlord incentives to get landlords to rent units to people (e.g., direct payments, tax breaks).
• Stigma about homelessness needs to be addressed, to interrupt NIMBY-ism (“not in my backyard”) and discriminatory practices from landlords. g. Use of Data
• There is always lots of data being collected but it seems like homelessness gets worse and worse. There needs to be action behind the data; use data to enact solutions in a timely fashion.
• We need more and better ways to understand how many people are unhoused and what their challenges are; not just Point in Time (PIT) count data. People who are interviewed in the PIT often do not self-report everything, such as

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21 City of Berkeley DRAFT HOME-ARP Allocation Plan
criminal justice involvement. For many people, having a criminal background is a bigger obstacle to securing housing then mental health issues. • There is a need for tracking and communicating data on housing – how many units are needed, how many are becoming available, how many developers are there, etc. Is the amount of housing production sufficient to meet needs? • Need transparent data about how funding is being used. • Look to other communities for what is working well and increase collaboration.

Needs Identified by Service Providers and Primary Data
49% of 2022 Alameda County PIT count respondents reported that rent assistance could have prevented their homelessness. Employment assistance (37%), mental health services (27%), benefits/income (26%), and family counseling (23%) were also top responses. We can safely assume that to some degree this means that these services were lacking in either in quantity, quality or accessibility.

Relatedly, the top five primary causes of homelessness can be viewed as a barometer for the needs of people who were homeless and populations at risk of homelessness.

The 2022 Alameda County PIT count respondents noted that, family or friends couldn’t let me stay or argument with family/friend/roommate (27%), eviction/foreclosure/rent increase (25%), job loss (22%), other money issues including medical bills (13%), and substance use (13%), were the top reasons for homelessness.

Participants in the 2019 PIT count, people who were homeless, also identified how they think money should be spent to alleviate homelessness. This serves as another proxy for the needs expressed by people who are experiencing homelessness. In the responses, the top suggestion was to spend money on affordable rental housing (58%).

A little under half (43%) of people felt that employment training/job opportunities was how money should be spent. The next most popular response (29%), was permanent help with rent/subsidies, followed by substance abuse/mental health services (28%), housing with supportive services (22%) and 24/7 basic sanitation (19%).

Examining the findings from the aforementioned, 1,000 Person Plan to Address Homelessness (the Plan) also helps to ascertain unmet housing and service needs for people who are homeless, which overlaps with people who may qualify as: at risk of homelessness. The Plan found, using the 42,500 individual records from HMIS, between the years 2006 and 2017, that:

• “The likelihood of returning back to homelessness in Berkeley after previously exiting the system for a permanent housing bed is increasing over time, irrespective of personal characteristics or the type of service accessed.

Importantly, among those who previously exited the system to permanent housing in the past but eventually returned, the largest percentage of those exits had been to unsubsidized rental units. None of this is surprising given

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22 City of Berkeley DRAFT HOME-ARP Allocation Plan
the extreme increase in the East Bay’s rental housing costs over the past several years, and the volatility that creates for poor and formerly homeless people struggling to make rent.”

• “A comprehensive regression analysis found that having any disability (physical, developmental, substance-related, etc.) is by far the single largest reason a person is unlikely to exit homelessness to housing and subsequently not return back to homelessness. Unfortunately, the percentage of homeless Berkeleyans self-reporting a disability of any kind has increased greatly, from 40% in 2006 to 68% by 2017--meaning the population is increasingly comprised of those least likely to permanently end their homelessness with the services available.”

• “Per Federal mandate, all entities receiving HUD funding for homeless services are required to create a Coordinated Entry System (CES) that prioritizes limited housing resources for those who are most vulnerable.

However, Berkeley’s Federal permanent supportive housing (PSH) budget, which supports housing for 260 homeless people, can place only about 25-30 new people every year. To help alleviate this lack of permanent housing subsidy, Berkeley experimented with prioritizing rapid rehousing for its highest-needs individuals at the Hub. We found that rapid rehousing can be used as a bridge to permanent housing subsidies, but, used alone, cannot prevent some of the highest needs people from returning to homelessness.”

The Plan concludes that “the system has not created sufficient permanently subsidized housing resources to appropriately service a Coordinated Entry System, and has instead relied on rapid rehousing to exit them from the system. Overreliance on rapid rehousing with high needs individuals in a tight housing market—all of which we found evidence for in these data--is a strategy that is tenuous in the long-run.”

A system model analysis in the Continuum of Care’s 2021 report, “Centering Racial Equity in Homeless Response System Design” found that Alameda County has a sufficient inventory of emergency shelter and transitional housing, and that capacity and investment is most needed in interventions that prevent homelessness and help people experiencing homelessness secure and retain permanent housing. The report also identified the “acutely limited housing options available in Alameda County for extremely low-income people.” According to its Regional Housing Needs Allocation, the City of Berkeley will need to build 2,446 affordable housing units for extremely- and very-low income households between 2023 and 2031.

The consultation process identified the following unmet housing and service needs for people experiencing homelessness:

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23 City of Berkeley DRAFT HOME-ARP Allocation Plan
• Mental health resources
• Needs of shelter residents are becoming increasingly complex and there is a need for additional staffing and resources to address those needs • Unhoused people with a disability are in need of accessibility equipment in order to obtain and retain permanent and transitional housing • There is a need for more peers in the field who are well compensated and trained • Recently housed people are in need of additional supportive services to obtain and retain their housing, including mental health resources, transportation, education and employment services

Priority unmet needs identified at the February 17
th homeless services provider meeting
included short term hotel stays, respite beds and supportive services for shelter guests with disabilities and medical conditions, housing retention services along with short and medium term rental assistance, liaison services between landlords and eligible program participants, and resources to address hoarding.

Needs for People At Risk of Homelessness
The largest needs identified through the City’s January 2023 consultation survey for people at risk of homelessness (QP2) are also supportive services and affordable rental housing. Other identified needs include shelter and transitional housing, rental assistance, housing counseling, and accessibility services. The service gaps most often identified by organizations serving this population are mental health and recovery services and wraparound services such as employment training and caregiving support.

Consultation meetings also identified a need for flexible funding to help with deposit and first month’s rent to keep people housed and for shallow subsidies and long-term rental assistance that doesn’t require a disability.

Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking
According to the previously referenced Berkeley Homeless Count and Survey, a history of domestic violence and partner abuse can be a primary cause of homelessness.

Victims of domestic violence have a great risk of becoming homeless and experiencing poverty. According to the Family and Youth Services Bureau (https://www.acf.hhs.gov/fysb/resource/dv-homelessness-stats-2016), this is likely tied to a high need for services, including housing and financial support, and the lack of commensurate housing and financial resources available. The lack of affordable housing in the City likely makes it difficult for victims of domestic violence to leave their violent homes, so it is plausible that they are more likely to go unidentified, move to an overcrowded unit, or move into a homeless shelter than those not experiencing domestic violence.

Af
ter consulting with the Berkeley Police Department’s Domestic Violence and Sexual Assault Unit, three things became apparent:

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24 City of Berkeley DRAFT HOME-ARP Allocation Plan
• There is inadequate housing in the area that can effectively shelter victims of human trafficking in Berkeley. If victims of this crime are housed in the community into which they have been victimized, it is likely that they will be re‐ victimized. Because of the nature of the crime, the perpetrator is often able to coerce victims to leave the shelter and re‐enter the abusive cycle. This becomes more likely when the shelter is nearby to where the victim lives and presumably, the perpetrator. Currently, there is not adequate housing that can place victims of this crime outside of the area, a safe distance away from their abuser, with sufficient supportive services, like counseling specialized to help victims of this crime.
• It is not uncommon for a victim of domestic violence to have to wait two or three days for a bed at a safe shelter, once they have requested it. This can lead to victims to stay with or return to their abuser while they wait for a bed to become available.
• When victims of domestic violence are housed in a safe shelter, they can be without essential household and hygiene items, and little to no financial resources to acquire these items. This may lead to the victim to return to the abuser for financial security.

The University of California, Berkeley Human Rights Center’s 2018 report on supporting human trafficking survivors in the Bay Area identified a need for housing dedicated to victims of human trafficking, finding that “shelter is sorely needed across the Bay Area, and special attention should be paid to providing appropriate transitional and long-term housing, foster care placements, and shelter for queer and gender non-conforming survivors.” The report also identified a particularly acute shortage of services for victims of labor trafficking, finding that “victims of sex trafficking generally have greater access to services than those of labor trafficking.”

The largest need identified through the City’s January 2023 consultation survey for this population (QP3) is more affordable rental housing. Other identified needs include shelter and transitional housing, supportive services, housing counseling, and homelessness prevention services. Service gaps identified by organizations serving this population include wraparound services, mental health services, and case management. Interviews with agencies serving this population emphasized that human trafficking is a very complex issue that requires thoughtful and nuanced interventions.

Other Populations:
(1) Other Families Requiring Services or Housing Assistance to Prevent Homelessness
The City has had a rental assistance program for many years, but this program was prioritized during the COVID-19 pandemic and an additional $3.7 million was added to provide rent relief and prevent evictions that may lead to homelessness. This program

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25 City of Berkeley DRAFT HOME-ARP Allocation Plan
currently has a waitlist and is unable to fully meet the need in the community. The unmet needs for the recipients can be enumerated using some of the data collected from the heads of household. Loss of employment was cited as the primary reason for recipients seeking assistance. More than half (57%) listed their loss of employment and subsequent inability to find alternative employment as the reason for needing emergency rental assistance to remain housed. Increases in expenses, including child care and health care costs, accounted for a little more than a third (37%) of the recipient’s primary reason for needing assistance.

The largest need for this population identified through the City’s January 2023 consultation survey for is more affordable rental housing. Other identified needs include shelter and transitional housing, supportive services, housing counseling, and accessibility services. Service gaps identified by organizations serving this population include wraparound services, mental health services, and accessibility resources, and case management.

One homelessness prevention provider noted that a primary cause of housing instability and loss of housing was unemployment or underemployment during the pandemic, which many households have still not recovered from. Another provider shared that the major barriers for unstably housed and unhoused families are jurisdictional limitations, assessment barriers, programmatic limitations, and system navigation, and noted that the issues families need to resolved in order to secure stable housing are complex and require a great deal of trust and staff time to resolve.

Veterans and Families that include a Veteran Family Member – tha t meet the
criteria for one of the qualifying populations described above The 2022 Alameda County PIT count helps us better understand the needs and extrapolate the unmet needs for the population of veterans that are homeless. In this report, the top five primary causes the veterans list for being homeless are:

Eviction/Foreclosure/Rent Increase, Loss of Job, Family or friends couldn’t let me stay or argument with family/friend/roommate, Divorce/Separation/Break-up, and Other Money.

Th
e largest needs for veterans identified through the City’s January 2023 consultation survey are supportive services and affordable rental housing. Other identified needs include rental assistance and housing counseling. Service gaps identified by six organizations serving this population include wraparound services, mental health and recovery services, housing navigation, and accessibility resources.

The Berkeley Housing Authority noted that that there is a particular need for supportive services for veterans using mainstream vouchers, such as mental health resources,

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26 City of Berkeley DRAFT HOME-ARP Allocation Plan
support with transportation, and securing housing. They also noted that there is a far greater need for VASH vouchers than the current amount available.

Providers that serve veterans identified a need for culturally responsive services that understand veterans’ specific barriers and expectations when accessing support.

Veterans tends to be older, more isolated, and have more complex health issues than civilians, and there is a need for programs that create community and social connection for veterans in addition to housing and wraparound services. The Bay Area’s veteran population is rapidly aging and there is a need for more resources that help veterans age in place.

Identify and consider the current resources available to assist qualifying populations, including congregate and non-congregate shelter units, supportive services, TBRA, and affordable and permanent supportive rental housing:

Homeless:

The City funds multiple agencies to provide 298 year around shelter beds, 30 seasonal shelter beds and 27 transitional housing beds. As part of the City’s COVID-19 response, the census at these programs has been reduced by approximately 50% so staff and participants can maintain 6’ social distancing. Additionally, funds have been provided to expand shelter operations to 24/7 and to provide three meals per day so participants don’t have to leave during the day.

To
offset the census reduction, while providing a safe space, the City implemented a non-co
ngregate shelter program to house 18 households who meet the CDC’s criteria for at-risk populations, 65+ or having an underlying medical condition requiring extra precautions against COVID-19. These shelter enhancements are expected to be in place until the City’s Shelter In Place (SIP) order is lifted. Rapid re-housing resources are being offered to help people move into permanent housing.

Additionally, the City expanded the Berkeley Emergency Storm Shelter operations from an inclement weather shelter to supporting a 24/7 winter shelter operation through mid- April.

Additionally, while the Emergency Solutions Grant (ESG) regulations allow for federal funds to be provided to those categorized as “at-risk” but not necessarily at “imminent risk”, Berkeley uses its ESG funds for rapidly rehousing people who are literally homeless.

Berkeley funds prevention assistance for people who meet “immediate risk” criteria defined as:
“An individual or family who will imminently lose their primary nighttime residence, provided that:
• the primary nighttime residences will be lost within 14 days of the day of application for homeless assistance;

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27 City of Berkeley DRAFT HOME-ARP Allocation Plan
• No subsequent residence has been identified; and,
• The individual or family lacks the resources of support networks, e.g., family, friends, faith-based or other social networks, needed to obtain other permanent housing.”

Alameda County has mental health, foster youth, health care, and corrections discharge policies intended to prevent discharges of individuals from these systems into homelessness, described in detail in the Consolidated Plan.

During the coronavirus pandemic, the City expanded the housing retention program to assist households unable to pay rent due to a COVID-19 related loss of income.

Households must provide a dated Notice of Eviction from landlord stating amount owed for back rent OR a letter of verification from landlord stating the amount owed for back rent, since there is currently an eviction moratorium.

The City is working with local hospitals to share information about the North County HRC and available homeless services in Berkeley to reduce discharges to local daytime drop-in centers and shelters that can’t support the needs of medically fragile people with severe disabling conditions. The City will continue to participate in countywide and regional efforts to reduce discharges into homelessness.

The following is a list of services targeted to people who are homeless in Berkeley:

Homelessness Prevention Services:
• Counseling/Advocacy
• Rental Assistance

Street Outreach Services:
• Law Enforcement
• Mobile Clinics
• Other Street Outreach Services

Supportive Services:
• Alcohol & Drug Abuse
• Employment and Employment Training
• Life Skills
• Mental Health Counseling
• Transportation

At Risk of Homelessness & O
ther Populations at Greatest Risk of Housing
Instability
The City of Berkeley established the Housing Trust Fund (HTF) program in 1990, and since then the HTF program has funded the renovation or construction of approximately 1,414 units of affordable housing. The City’s HTF portfolio includes units affordable to

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28 City of Berkeley DRAFT HOME-ARP Allocation Plan
households at a variety of income levels, including units for formerly homeless households, people with disabilities, Extremely Low-Income households, veterans, and survivors of domestic violence. City funding is currently supporting projects that will create more than 564 new affordable housing units. 58 units in the City’s pipeline received No Place Like Home funding from the State of California, which supports units for formerly homeless households with mental illnesses. The projects include supportive services and case management.

The City has committed more than $27 million in local funding for the development of the City-owned Berkeley Way parking lot to address the needs identified in the plan, which was recently completed. On September 9, 2014, after a Request for Qualifications process, the City Council approved the selection of a development team consisting of Bridge Housing, the Berkeley Food and Housing Project, and Leddy Maytum Stacy Architects (LMSA) as the preferred development team for the site. Since then, the City has been working closely with the project team on a three-part project including a community kitchen and wrap-around services space, 32 emergency shelter beds, 12 transitional housing beds for Veterans, 53 units of permanent supportive housing (53 units at 30% AMI), and 89 affordable apartments for low and very-low income families.

The City also offer flex funds. These funds are available for one-time costs like back payment of rent, security deposits, etc. They must generally must be used to obtaining or maintaining housing. Providers have emphasized in consultation meetings the importance of flex funds for this population.

Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking
The following is a list of resources available to victims in Berkeley and the surrounding area:

Bay Area Women Against Rape (BAWAR) is Alameda County’s community rape crisis cent
er offering advocacy and counseling to folks in Alameda County who have experienced sexual violence. BAWAR has a 24/7 crisis line in both English and Spanish.

Family Violence Law Center (FVLC) provides su
rvivor-centered legal advocacy and
assistance for individuals who have experienced intimate partner violence or sexual assault. They have a 24/7 crisis line for people living in Alameda County.

Alameda County Family Justice Center provides access to 80 community agencies and programs that provide healing, support and resources to people impacted by domestic violence, sexual assault and exploitation, child abuse, elder and dependent adult abuse, and stalking.
• Domestic violence counseling

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29 City of Berkeley DRAFT HOME-ARP Allocation Plan
• Sexual assault counseling
• Restraining orders
• Case management
• Trauma recovery services
• Safety planning
• Children’s counseling
• Parenting support
• Shelter/housing assistance
• Medi-CAL and CalFRESH application assistance
• Victims Compensation Program application assistance
• Safe at Home application assistance
• Self-sufficiency program: financial literacy, professional development, resume writing and interviewing skills.
• Criminal justice information and assistance
• Childcare while parent or guardian is receiving services onsite (KidZone) • GED
• ESOL (ESL) ALCO
• Public Health Immunization Clinic
• Legal Advice Clinic
• Immigration Clinic

A Safe Place is an Oakland based domestic violence agency that provides an emergency domestic violence shelter for women with children, 24/7 crisis line, mental health services, and community outreach programs.

Deaf Hope is a center providing culturally specific services to deaf survivors of interpersonal violence and their children.

Narika is an agency providing multicultural services for people who have experienced intimate partner violence. Narika offers support groups, seed programs and a helpline particularly for immigrants from South Asian communities.

Ruby’s Place is a free, multi-population program serving women, men, transgender people and accompanied minors who have experienced domestic violence, human trafficking or both. Shelter and 24/7 crisis line offered.

Shalom Bayit strives for social change and offers confidential peer counseling, support, information, referrals, and advocacy for women identified folk in the Jewish community.

Healing support groups are offered in the East Bay, SF, Marin, and the Peninsula.

Other Populations

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30 City of Berkeley DRAFT HOME-ARP Allocation Plan
(1) Other Families Requiring Services or Housing Assistance to Prevent Homelessness
The City of Berkeley currently funds a Housing Retention Program that provides emer
gency rental assistance to qualifying individuals. This program has provided emergency rental assistance for 257 ho
useholds during FY21.

The County of Alameda also operates an Emergency Rental Assistance Program. It has received more than 777 applications for emergency rental assistance, and distributed $11,645,004 in emergency assistance to Berkeley renters. This program cap also has a cap that affects the amount of assistance they can provide.

As mentioned earlier, there are also several Rapid Rehousing programs that serve formerly homeless individuals that operate within the City.

Veterans and Families that include a Veteran Family Member – tha t meet the
criteria for one of the qualifying populations described above The Roads Home Veteran Services program of Berkeley Food & Housing Project provides the following services:
• H ousing location help
• T emporary financial assistance, and
• W raparound case management for people who are experiencing or at risk of homelessness
• Outreach to people who are unsheltered
• Permanent Supportive Housing – Six-bedroom house for local Veterans • Temporary housing (6-24 months) and intensive life skills training to 18 homeless male veterans in Berkeley.
• Health care specific case management to Veterans and their families, including help with:
o A ccessing eligible benefits,
o G etting to appointments,
o F illing prescriptions,
o E stablishing home aid, and
o R eferrals to other services.
• Employment Services
• Shallow subsidy that provides two years of rental assistance that will not decrease if the household increases their income.
• Assist Veterans in preparing and submitting applications for Housing & Urban Development/Veterans Affairs Supportive Housing (HUD-VASH) vouchers • Works with local public housing authorities to understand their eligibility criteria, in helping with HUD-VASH

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31 City of Berkeley DRAFT HOME-ARP Allocation Plan
Additionally, Operation Dignity operates a duplex in Berkeley that provides transitional housing for seven male veterans at a time.

Identify any gaps within the current shelter and housing inventory as well as the service delivery system:

Homeless Shelter, Housing Inventory and Service Ga ps
The 2019 City Council report, 1000 Person Plan to Address Homelessness, states that “Berkeley has roughly 260 permanent supportive housing (PSH) vouchers for homeless people. In any given year, only about 10% of these vouchers turn over for new placements, meaning that only 25-30 homeless individuals can be permanently housed, with ongoing deep rental subsidy, in any given year.”

Meanw
hile, according to the 2019 PIT c
ount, 35% of Berkeley’s homeless population is
chronically homeless—387 individuals on any given night. “To alleviate this supply/demand mismatch, the City implemented a policy of prioritizing high-needs people not just for PSH, but also for rapid rehousing (RRH), beginning in 2016. As a result, the percentage of RRH clients entering with disability had approached that of PSH by 2017.

Given what we now know about the statistical effect of disability on housing success, this has had the predictable effect of reducing the percentage of clients who are able to ultimately keep their housing after the subsidy and intervention ends, from a pre-CES average of 81% to a post-CES average of 57%. Compare this to PSH homeless return rates, which were less than 9% in 2017.”

It is becoming more common for City-funded affordable housing projects to restrict a portion of their total units to formerly homeless households. This responds to the significant need for homeless housing opportunities in Berkeley, but the challenge is identifying and securing funding to support rental subsidies and the long-term operation of the projects. Some of the City’s local funds are restricted to capital costs, and state funding programs often do not include operating subsidies. The City has some local funds that can be used for this purpose, but not enough to meet the demand.

The consultation process identified the following gaps in the homeless services delivery system:
• Mental health resources and staffing
• Adequate shelter staffing to respond to guests’ complex needs • Dearth of non-congregate emergency shelter for families, which requires special employee screening and separation from other populations • Low-barrier shelters and service hubs in multiple areas throughout the City • Accessibility resources such as wheelchair ramps and low-cost accessibility equipment (e.g. bathroom commode chair or threshold ramps) to help unhoused people with disabilities access shelter, housing, and services

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32 City of Berkeley DRAFT HOME-ARP Allocation Plan
• Incentives for landlord participation in rehousing programs

Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking Shelter, Housing Inventory and Shelter Gaps:

Determining the gaps in service and delivery system for this population specifically is difficult given the level of data available. However, given that there is generally a lack of affordable housing in the City, additional affordable housing options would likely also benefit the population.

Af
ter consulting with the Berkeley Police Department’s Domestic Violence and Sexual Assault Unit, three things became apparent:
• Th
ere is inadequate housing in the area that can effectively shelter victims of human trafficking in Berkeley. If victims of this crime are housed in the community into which they have been victimized, it is likely that they will be re- victimized. Because of the nature of the crime, the perpetrator is often able to coerce victims to leave the shelter and re-enter the abusive cycle. This becomes more likely when the shelter is nearby to where the victim lives and presumably, the perpetrator. Currently, there is not adequate housing that can place victims of this crime outside of the area, a safe distance away from their abuser, with sufficient supportive services, like counseling specialized to help victims of this crime.

This largest gap identified in the consultation process is the lack of an emergency shelter for people fleeing intimate partner, domestic, or gender-based violence in Berkeley.

Other Populations
(1) Other Families Requiring Services or Housing Assistance to Prevent Homelessness
According to data provided by the City’s subrecipient distributing emergency rental assistance, 57% of all recipients who were formerly homeless, needed this assistance because they could not find employment, largely due to the economic effects of COVID-

19. Forty-eight percent of formerly homeless recipients stated that their disability was a contributing factor to their need for assistance, 37% said increased costs, including child care and health care costs, contributed to their need and 20% were elderly.

This data suggests there is either a gap in services to people in this qualifying population or an unmet need, that, if properly filled and met, could alleviate their need for emergency rental assistance.

Veterans and Families that include a Veteran Family Member – tha t meet the
criteria for one of the qualifying populations described above

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33 City of Berkeley DRAFT HOME-ARP Allocation Plan
Determining the gaps in service and delivery system for this population specifically is difficult given the level of data available. However, given the data presented in the PIT, ongoing supportive services may be beneficial.

Identify the characteristics of housing associated with instability and an increased risk of homelessness if the PJ will include such conditions in its definition of “other populations” as established in the HOME-ARP Notice:

In the City of Berkeley, the high cost burden is a housing characteristic strongly linked wit
h instability and an increased risk of homelessness. According to the 2019 Out of Reach report, the hourly wage needed to afford a two-bedroom at FMR ($2,790) in downtown Berkeley is $53.65. According to the report, the same downtown zip code (94704) also has a poverty rate of 51.4 percent with a median household income of $26,758 and an unemployment rate of just over nine percent (9.1%). The urbanized downtown area of Berkeley sits in stark contrast with the more suburban neighboring zip code (94705), which has an unemployment rate of just over five percent (5.3%), a 10.1 percent poverty rate, an $116,250 median household income and where the hourly wage needed to afford a two-bedroom at FMR ($2,370) is $45.58. Proximity to social services and regional job centers via public transit makes Berkeley’s urban downtown appealing, but its higher housing prices make it difficult for low income, transit dependent residents (without cars) to retain housing.

Wh
ile the lower income households within the downtown core of Berkeley is of particular note, the numbers also reflect the impact of the University of California at Berkeley’s (UC Berkeley) student population many of whom have little or no income.

Students compete with nonstudent residents for housing, creating elevated pricing conditions for existing low-income hous
eholds, especially in those geographic areas
surrounding the UC Berkeley campus.

Service gaps for this population identified in the consultation process include:
• Dedicated funding for veteran services
• Resources to help unhoused seniors and veterans age in place • Services and programs that build social connection and community for veterans, seniors, and people experiencing homelessness

Identify priority needs for qualifying populations:

Homeless, At Risk of Homelessness, Other Families Requiring Services or Housing Assistance to Prevent Homelessness & Other Populations at Greatest Risk of Housing Instability:

Housing instability and homelessness continue to be a pressing issue for Berkeley community members, many of whom are still grappling with the economic, social, and emotional impacts of the pandemic along with a regional housing shortage. All

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34 City of Berkeley DRAFT HOME-ARP Allocation Plan
populations have a number of critical needs that outstrip the amount of HOME-ARP funding available. Overall, there is a need for more affordable housing, supportive services and non-congregate shelter.

Priority supportive services needs for all qualifying populations include mental health and recovery, peer support, essential hygiene services, accessibility resources, case management, and housing navigation.

The consultation process also identified a need for nonprofit capacity building, particularly to respond to the increasingly complex needs faced by qualifying populations and to adjust operations to comply with HOME-ARP requirements.

Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking
The inability of a victim of domestic violence, dating violence, sexual assault, stalking or human trafficking to find immediate safe shelter, upon request, and quality affordable housing are top needs for this qualifying population.

Explain how the level of need and gaps in its shelter and housing inventory and service delivery systems based on the data presented in the plan were determined:

The data represente d here is a compilation of the most recent CHAS data, the 2019 and 2022 PIT counts, the 1000 Person Plan to Address Homelessness and the PY2020- 2025 Consolidated Plan. Some 2022 PIT count responses are not currently available at the local level, so a combination of 2019 and 2022 data was used to provide a more complete understanding of homelessness in Berkeley. All of the Plans had various methodologies and went through extensive public consultation process including multiple public hearings. We also used our consultation with various stakeholders to identify the needs and gaps in shelter, housing inventory and services.

Pr
oposed HOME-ARP Activities

Describe the method for soliciting applications for funding and/or selecting developers, service providers, subrecipients and/or contractors and whether the PJ will administer eligible activities directly:

The City will select subrecipients to administer the activities directly. It will do so by is
suing a Request for Proposals (RFP) to provide supportive services to all of the qualifying populations in the city of Berkeley.

If any portion of the PJ’s HOME-ARP administrative funds were provided to a subrecipient or contractor prior to HUD’s acceptance of the HOME-ARP allocation plan because the subrecipient or contractor is responsible for the administration

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35 City of Berkeley DRAFT HOME-ARP Allocation Plan
of the PJ’s entire HOME-ARP grant, identify the subrecipient or contractor and describe its role and responsibilities in administering all of the PJ’s HOME-ARP program:

Not applicable.

PJ
s must indicate the amount of HOME-ARP funding that is planned for each eligible HOME-ARP activity type and demonstrate that any planned funding for nonprofit organization operating assistance, nonprofit capacity building, and administrative costs is within HOME-ARP limits. The f
ollowing table may be used to meet this requirement.

Use of HOME-ARP Funding:

Proposed
Funding Amount
Percent of
the Grant
Statutory
Limit
Supportive Services $ 2,188,557
Acquisition and Development of Non-
Congregate Shelters $ 0
Tenant Based Rental Assistance
(TBRA) $ 0
Development of Affordable Rental
Housing $
Non-Profit Operating $ 0 0 % 5%
Non-Profit Capacity Building $ 136,785 5 % 5%
Administration and Planning $ 410,354.40 15 % 15%
Total HOME ARP Allocation $ 2,735,696

Describe how the PJ will distribute HOME-AR
P funds in accordance with its
priority needs identified in its needs assessment and gap analysis:

Given the significant need for m
ultiple forms of supportive services to help community
members access and retain housing, the City will distribute HOME-ARP funds to supportive services providers to offer McKinney-Vento Supportive Services, Homelessness Prevention Services, and/or Housing Counseling to help more people in the qualifying populations find and/or maintain housing. The one-time nature of the HOME-ARP funds as well as the availability of other resources to address the needs of new non-congregate shelter beds and affordable rental housing, mean the best use of the funds to address the needs and gaps in Berkeley are providing supportive services to all the qualifying populations.

Describe how the characteristics of the shelter and housing inventory, service delivery system, and the needs identified in the gap analysis provided a rationale for the plan to fund eligible activities:

The City’s seminal 2019 report t o Council, 1,000 Person Plan to Address Homelessness, clearly identified the lack of supportive services as a reason for the number of people returning to homelessness in Berkeley after previously exiting the system for a permanent housing bed, and that this need has increased over time.

Specifically, the report found that people with the highest needs in the homeless

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36 City of Berkeley DRAFT HOME-ARP Allocation Plan
population needed more support than what rapid rehousing programs provide to prevent a return to homeless.

Furthermore, the 1,000 Person Plan to Address Homelessness, found that “Berkeley has roughly 260 permanent supportive housing (PSH) vouchers for homeless people. In any given year, only about 10% of these vouchers turn over for new placements, meaning that only 25-30 homeless individuals can be permanently housed, with ongoing deep rental subsidy, in any given year.” This lack of significant turnover of vouchers suggests people receiving them are not getting the supportive services they need to release their voucher, solidifying the case that supportive services are lacking in Berkeley.

The most recent data on factors contributing to homelessness underpin the findings from the 2019 report. For instance, the leading causes of homelessness in the 2022 Alameda County PIT count were, in order of prevalence, rent assistance, employment assistance, mental health services, benefits/income, and family counseling, all of which can be addressed with supportive services. Many of the priorities identified by people with lived experience, such as mental health resources, service hubs, and peer support, can be addressed through supportive services.

The consultation process further supported the 2019 findings, as every service provider of the qualifying populations mentioned supportive services as a need.

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CONSENT CALENDAR
March 21, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Salary Range Adjustments: Senior Behavioral Health Clinician, Mental Health Clinical Supervisor, Mental Health Program Supervisor, Assistant Manager of Mental Health Division, and Manager of Mental Health Division

RECOMMENDATION
Adopt a Resolution amending Resolution No. 69,997-N.S. Salary Resolution for Public Employees Union – Local 1 to increase the top step salary of the Senior Behavioral Health Clinician by 0.83%; Mental Health Clinical Supervisor by 4.18%; Mental Health Program Supervisor by 7.33%; Assistant Manager of Mental Health Division by 7.33%; and Manager of Mental Health Division by 1.20%, effective January 14, 2023.

FISCAL IMPACTS OF RECOMMENDATION
The current total budgeted compensation for these classifications is $4,306,298.87 and the total budgeted compensation to implement the salary increase requested is $4,487,572.99, a total variance of $181,274.12. For FY 2023, the variance can be absorbed through salary savings due to vacancies within the classifications.

CURRENT SITUATION AND ITS EFFECTS
In the Mental Health Division, salary compaction exists between supervisory and subordinate classifications – in particular, the salary differences between Senior Behavioral Health Clinician (SrBHC), Mental Health Clinical Supervisor (MHCS), and Mental Health Program Supervisor (MHPS), as shown in Table A below.

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CONSENT CALENDAR
March 21, 2023
Salary Range Adjustments: Senior Behavioral Health Clinician, Mental Health Clinical Supervisor, Mental Health Program Supervisor, Assistant Manager of Mental Health Division, and Manager of Mental Health Division

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The identified compaction has been referenced as a cause of recruitment and retention problems within the higher classifications, as employees have been reluctant to apply for (or remain in) the positions given a disproportionate increase in responsibilities compared to a relatively modest increase in compensation between them and their subordinates.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
City staff conducted an internal audit and determined that the salary top step between supervisory classifications and their subordinate classifications are typically ten percent (10%) or greater, which is appropriate in light of both internal pay dynamics and outside market considerations.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Aram Kouyoumdjian, Human Resources Director, Human Resources Department, 510- 981-6807.

Attachments:
1: Resolution
Table A: City of Berkeley Mental Health Supervisory Job Classifications Job Title Current top step Current % higher
than the
classification
Behavioral Health Clinician II $111,178.50 n/a
Senior Behavioral Health Clinician
(SrBHC)
$121,282.51 9.09%
Mental Health Clinical Supervisor
(MHCS)
$129,121.82 6.46%
Mental Health Program Supervisor
(MHPS)
$137,870.51 6.78%
Assistant Manager of MH Division $151,662.58 10.00%
Manager of Mental Health Division $176,925.01 16.66%

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Berkeley City CouncilMarch 21, 2023

Berkeley City Council
March 21, 2023